Public papers of Charles E. Hughes, governor

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STATE OF NEW YORK

PUBLIC PAPERS

OF

CHARLES E. HUGHES

GOVERNOR

I9IO

ALBANY

J. B. LYON COMPANY, STATE PRINTERS

1910

c.V-

A.<LfS3t>5

• 4'

I

PROCLAMATIONS

[3]

PROCLAMATIONS

Ordering a Special Election in the Thirty=Second Con=
gressional District

State of New York — Executive Chamber.

Whereas, a vacancy exists in the office of Representative
in Congress for the Thirty-second Congressional District of
the State of New York, consisting of the county of Monroe,
caused by the death on the eleventh day of March, 1910, of
James Breck Perkins, Representative in Congress from said
district ;

Now, Therefore, I, Charles E, Hughes, Governor of the
State of New York, in pursuance of the provisions of section
two of article one of the Constitution of the United States and
of section 292 of chapter 22 of the Laws of 1909, constituting
chapter 17 of the Consolidated Laws, known as the' Election
Law, do hereby order and proclaim that an election for repre-
sentative in Congress in the place of the said James Breck Per-
kins, be held in the Thirty-second Congressional District, con-
sisting of the county of Monroe, on Tuesday, the nineteenth
day of April, 1910, such election to be conducted in the mode
prescribed by law for the election of Representatives in
Congress.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this twenty-
[1.. s.] second day of March in the year of our Lord
one thousand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

[5]

6 Public Papers of Governor Hughes

Ordering a Special Election in the Thirty=seventh Sen=
ate District

State of New York — Executive Chamber.

Whereas, a vacancy exists in the office of Senator for the
Thirty-seventh Senate District of the State of New York,
composed of the counties of Otsego, Madison and Chenango,
caused by the resignation on the twenty-ninth day of March,
1910, of Jotham P. Allds, Senator from said district;

Now, Therefore, I, Charles E. Hughes, Governor of the
State of New York, in pursuance of the provisions of section
292 of chapter 22 of the Laws of 1909, constituting chapter
17 of the Consolidated Laws, known as the Election Law, do
hereby order and proclaim that an election for State Senator
in the place of the said Jotham P. Allds, be held in the Thirty-
seventh Senate District, composed of the counties of Otsego,
Madison and Chenango, on Thursday, the twenty-eighth day
of April, 1910, such election to be conducted in the mode pre-
scribed by law for the election of State Senators.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this thirtieth
[l.s.] day of March in the year of our Lord one thou-
sand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Convening the Legislature in Extraordinary Session

State of New York — Executive Chamber.

Pursuant to the power vested in me by section 4 of Article
IV of the Constitution, I hereby convene the Legislature in
Extraordinary Session at the Capitol in the city of Albany on

Proclamations 7

Monday, the twentieth day of June, 1910, at halt-past eight
o'clock, post meridian.

Given under my hand and the Privy Seal <>t the State
at the Capitol in the city of Albany this twenty-
[l.s.] seventh day of May in the year of our Lord one
thousand nine hundred and ten.

(Signed) CHARLES E. ILL.V.HES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

II

MESSAGES TO THE LEGISLATURE

[9]

II

MESSAGES TO THE LEGISLATURE
Regular Session Began January 5; Ended May 27
Extraordinary Session Began June 20; Ended July 1

Annual Message

State of New York — Executive Chamber,

To the Legislature: Albany ' January S ' I9I °'

During the fiscal year ending September 30, 1909, the totai
amount received by the State was $52,285,239.29. This was
$504,254.06 in excess of the receipts of the preceding fiscal
year.

Included in the total are the proceeds of the sale of canal
and highway bonds, and the sums realized upon the canal debt
sinking fund and trust fund accounts which aggregate $21,-
127,243.39, being an increase of $2,828,785.96 over similar
items of the preceding year, as follows :

Proceeds of sale of barge ^ ' y ^'

canal bonds $5,039,611 70 $10,227,792 25

Proceeds of sale of bonds

and temporary bonds for

highway improvement . . . 5,950,000 00 6,300,000 00

Principal and interest on

bonds and judgments for

canal debt sinking fund

and interest on deposits

of same 5.169,633 65 2,980,410 26

Trust funds, including

twenty-year court and

trust funds . . 2,139,212 08 1,619,040 88

$18,298,457 43 $21,127,243 39
[11]

12 Public Papers of Governor Hughes

The receipts from taxes (apart from miscellaneous income
of $2,419,007.93) amounted to the sum of $28,738,987.97.
This shows a decrease of $2,578,064.94, as follows :

1908. 1909.
Special tax for judges,

stenographers, 'etc $368,098 31 $330,436 87

Tax on corporations 8-937-635 24 8,671,920 20

Tax on organization of cor-
porations 207,535 49 343>93 8 99

Tax on transfers of dece-
dents' estates , ... 6,605,891 46 6,962,615 23

Tax on transfers of stock.. 3,9°7>373 3 8 5.355.546 16

Tax on trafficking in liquors 9,359,318 63 5,140,524 21

Tax on mortgages 1,666,527 51 1,844,821 45

Tax on racing associations . 247,443 31 65,166 74
Tax on land of nonresident

owners 17,229 58 24,018 12

$3 I .3 I 7.o52 91 $28,738,987 97

The explanation of the decrease is found in the liquor tax
receipts, which are less by $4,218,794.42 than those of the pre-
vious year. This, however, is not a real loss, but is due to change
in the beginning of the excise year from May 1st to October 1st,
thus throwing a large part of the receipts into the next fiscal
year. It is believed that the liquor tax receipts for the calendar
year are substantially the same as formerly, but the above-men-
tioned change' of date affects the amount collected to the close
of the fiscal year on September 30, 1909, and the general bal-
ance as of that date.

The total disbursements during the last fiscal year were
$64,109,227.55. This embraces the outlays for canals and high-
ways, and for forest purchases, which aggregated $35,856,-
530.12, being an excess in these items over the preceding year
of $20,479,188.67, as follows:

Messages to the Legislature 13

1908. I 909-

Canals, for all purposes in-
cluding amounts paid »
from canal debt sinking
fund (1907, $5,369,-
384.45; 1908, $1,805,-
527.87; 1909, $15,862,-

2 5745) $7,236,348 33 $25,465,258 36

Highways, for all purposes
(including temporary cer-
tificates 1907, $557,-
423-34; 1908, $1,810,-
000; 1909, $1,300,000)... 7,162,915 25 7,95M8i 51

Trust fund transactions... 437,10868 2,208,47901

Adirondack Park and Cats-
kill Preserve purchases... 337,469 19 231,311 24

Principal and interest Adi-
rondack Park bonds. . . . 203,500 00

$15,337,341 45 $35,856,530 12

The remaining disbursements aggregate $28,252,697.43.

The surplus on September 30, 1909, ascertained according to
the customary method, amounted to $8,435,848.16. At the end
of the preceding year it was $12,857,784.06. There would not
have been this decrease in the general balance had it not been
for the difference in the excise year and the consequent differ-
ence of over $4,000,000 in the liquor tax receipts, already noted.

The State debt has been increased to $41,230,660 through the
'issue of additional bonds amounting to $15,000,000 for canal
and highway purposes, as follows:

1908. 1909-

Canal debt $20,230,660 00 $30,230,660 00

Highway debt 6,000,000 00 11,000,000 00

$26,230,660 00 $41,230,660 00

14 Public Papers of Governor Hughes

On September 30, 1909, the sinking funds for the canal and
highway debts aggregated $22,056,269.70, the debt in excess of
the sinking funds being $19,174,390.30.

The Harriman Gift.

It is with great pleasure that I announce a most important
public benefaction. In accordance with the wishes of the late
Edward H. Harriman, his widow, Mary W. Harriman, has in-
formed me of her readiness to convey to the State a tract of
about ten thousand acres of land situated in Orange and Rock-
land counties to be held in perpetuity as a State park, and in
furtherance of the same object to give to the State or to such
board or commission as may be authorized to receive and ad-
minister the trust, the sum of one million dollars. Mrs. Harri-
man states that it was her husband's wish, and is her expecta-
tion, that this fund should be used by the State to acquire
other parcels of land adjacent to the above-mentioned tract and
intervening between it and the Hudson river, and in the im-
provement of the whole, so that the park may ultimately have'
some portion of river front and thus by improved accessibility
be rendered more useful and more beneficial to the people of
New York City and the neighboring counties. In addition to
the condition that the land so conveyed should be held for use
as a public park, the grant is to be made upon the further condi-
tion that if the State or any person or corporation under its
authority shall hereafter condemn or seek to condemn other
land in Orange county belonging to Mrs. Harriman or her de-
scendants, the land which is the subject of the grant shall there-
upon revert to her or her heirs. This condition is imposed
for the protection of an adjacent tract upon which Mrs. Harri-
man resides. I submit herewith the correspondence relating to
this proposal.

Through this generous and patriotic action, which cannot be
too highly commended, there will at once be afforded a basis
not only for necessary conservation, but for the development
of a public recreation ground in a region of matchless beauty,
rich in historical associations, and close to the abodes of more
than half the people of the State.

Messages to the Legislature 15

I recommend appropriate recognition of this muni licence and
the enactment of suitable measures in order to provide for the
acceptance of the gift and its use for the purposes defined.

Other Benefactions.

It is my privilege to announce still other gifts for similar
purposes. The importance of protecting the shores of the Hud-
son river and establishing a Highlands park readily accessible
to those living in the congested quarters of the Metropolis has
inspired a benevolence which cannot fail to receive the grateful
appreciation of the people.

These additional gifts are the result of the activity of the
Palisades Park Commission which was created in 1900.
Through this commission, constituted under the laws of this
State, and a similar commission with identical membership,
established under the laws of the State of New Jersey, there has
been acquired the face of the cliffs from Fort Lee ferry to Pier-
mont, including the riparian rights for the entire distance. The
jurisdiction of the commission constituted under the laws of this
State at first reached only to Piermont creek in Rockland
county; but by the amendment of the year 1906 it was ex-
tended so as to authorize the commission " to select and locate
such mountain lands along the west bank of the Hudson river
in Rockland county north of Piermont creek aforesaid and
south of the State reservation at Stony Point " as it might judge
to be " proper and necessary for the purpose of extending the
limits of said State park and thereby preserving the scenic
beauty of the mountain lands along the west bank of the Hud-
son river in Rockland county north of the palisades."

In the work already accomplished for the protection of the
palisades, the Commission has been materially aided by private
contributions of money and land amounting to about $300,000,
the State of New York having contributed $400,000, and the
State of New Jersey, $50,000. The members of the Commis-
sion who have conducted the enterprise with conspicuous ability
and advantage to the State, not only have served without com-
pensation, but I am informed that the total amount received 'by
them for their personal expenses during the nine years of their
service is only $457.93.

1 6 Public Papers of Governor Hughes

The Commission has developed a plan for the construction of
a roadway along the base of the palisades from Fort Lee to
Piermont, for the extension of the present park northward as
contemplated in the act of 1906, and for the creation and im-
provement under its jurisdiction of a Highlands park including
the land to be conveyed by Mrs. Harriman, with suitable con-
nections between these parks and with the State reservation at
Stony Point.

For this purpose it has secured private subscriptions from
residents of New York, New Jersey and Philadelphia, as
follows :

John D. Rockefeller $500,000

J. Pierpont Morgan 500,000

Margaret Olivia Sage 50,000

Helen Miller Gould 25,000

Ellen F. James and Arthur Curtiss James 25,000

William K. Vanderbilt 50,000

George F. Baker 50,000

James Stillman 50,000

John D. Archbold 50,000

William Rockefeller 50,000

Frank A. Munsey 50,000

Henry Phipps 50,000

E. T. Stotesbury 50,000

E. H. Gary 50,000

V. Everit Macy 25,000

George. W. Perkins 50,000

These make a total, in addition to Mrs. Harriman's gift,
which they are intended to supplement, of $1,625,000. These
additional subscriptions secured by the Palisades Park Com-
mission are upon the following conditions :

(1) That in order that the Palisades Park Commission may
carry out the proposed plan and receive and hold the land and
money offered the State by Mrs. Harriman, its jurisdiction
shall be extended to the northward along the west bank of the

Messages to the Legislature 17

Hudson river to Newburgh, and to the westward as far as and
to include the Ramapo mountains, giving the Commission the
same powers granted to it at the time it was created and at the
time its jurisdiction was extended in 1906, including the right
to condemn land for roadway and park purposes.

(2) That the State of New York appropriate $2,500,000 to
the use of the Commission for the acquiring of land and the
building of roads and general park purposes.

(3) That the State discontinue the work on the new State
prison located in Rockland county, and relocate the prison
where, in the judgment of the Palisades Park Commission, it
will not interfere with the plans and purposes of the Commis-
sion.

(4) That in addition to the aforesaid appropriation from the
State, a further sum of $2,500,000, including Mrs. Harriman's
pledge of a million dollars, be secured on or before January 1,
1910.

(5) That in addition to the above $5,000,000, the State of
New Jersey appropriate such an amount as the Palisades
Park Commission shall deem to be its fair share.

The private subscriptions, including Mrs. Harriman's gift,
already aggregate more than the sum of $2,500,000 stipulated,
and I am informed that the Commission has reasonable assur-
ances with respect to a contribution from the State of New-
Jersey.

With regard to the other conditions it may be observed that
in view of the service already performed by the Palisades Park
Commission and its present jurisdiction, it is appropriate that
its jurisdiction should be extended as desired. To this Mrs.
Harriman assents. The. act passed at the last session of the
Legislature, to create a reservation in the Highlands of the
Hudson, should be amended or repealed, so as to avoid any con-
flict of authority. I may add that in the near future it may
also be advisable to consider the desirability of proper measures
to protect by suitable interstate action the watershed in north-
ern New Jersey and in the adjoining part of this State, and that
jurisdiction for this purpose might properly be confided to the
same Commission.

jl8 Public Papers of Governor Hughes

It is also .fitting that the location of the new State prison
should not interfere with the execution of the plan, and that
another site should be found therefor. A contract has not yet
.been let for .the construction of the building, and whatever loss
may result from the change by reason of any work on the
prison site cannot fairly be regarded as a sufficient objection in
the light of .the. extent and purpose of these contributions.

There remains the question of the appropriation to be made
by .the State. In view of the heavy demands upon the State
treasury, to which I shall refer later, it will be difficult if not
impossible for adequate appropriations to be made out of our
•annual income. Nor is it desirable that the completion of this
plan should be delayed to await the raising of the necessary
amounts by annual appropriations distributed over a long period
.of years. Such delay will inevitably increase the cost and ob-
struct the carrying out of the plan. The advisable course, in
,my judgment, would be to provide for the necessary appropria-
tion by an issue of bonds with adequate sinking fund and thus
.to make available, as the Commission may require it, the desired
amount, and to accomplish the purpose with the least possible
delay and without needlessly enhanced expense. Under the
Constitution it would be necessary that the creation of such a
-debt should be approved by the people at a general election, and
it may be submitted for such approval next fall. Before the
subscriptions were obtained I suggested this course to the Com-
mission and ±hey gave their cordial assent to its adoption.

I submit herewith the correspondence with the Palisades Park
Commission in respec.t to its plans and these subscriptions, and
I recommend that suitable action be taken in recognition of
these gifts and for their acceptance, for the enlargement of the
jurisdiction of the Commission and for the carrying out of its
plans as proposed, including the change in the sites of the new
.State prison. And I also recommend that proper provision be
made for an issue of bonds to provide the necessary mon-
.eys to be supplied by the State, and that this proposal be sub-
mitted to the people, for their approval at the next general elec-
tion.

We may thus at an early day secure the conservation of the

Messages to the Legislature 19

natural beauty of the west bank of the Hudson river and the
provision of a public park of inestimable advantage to the peo-
ple which will remain as a memorial of the generosity of the
private contributors and of the value of enlightened co-opera-
tion between individuals and the State.

The Forest Preserve.

So far as State appropriations are concerned, we confront an
exigency in connection with acquisitions for the forest preserve
similar to that existing in the case of the Highlands park. Our
total holdings in the Adirondack and Catskill mountains now
amount to 1,641,523 acres, of which 52,549 acres were acquired
during the past year. But the area of the proposed Adirondack
park is 3,313,564 acres, and that of the proposed Catskill park
576,120 acres, making a total of 3,889,684 acres. It is obvious
that we cannot extend our holdings as the interests of the State
require without larger outlays than annual appropriations per-
mit. The State has decided upon its policy and it should be
promptly executed. It is little short of absurd that this State
with its great wealth should unnecessarily delay the securing of
control of these forest tracts, the preservation of which is of
such vital importance to our continued prosperity. The only
businesslike method, having decided upon the tracts to be ac-
quired and the imperative necessity of their acquisition, is to
make the purchases as rapidly as possible without waiting for
values to increase, or risking the peril of further depredation.
Reliance simply upon such resort as may be made to annual in-
come, in view of the other demands upon the State, means pur-
chases in driblets extending over a long period of years with a
Vastly increased outlay for many of the properties acquired and
with the inevitable failure of our forest policy in an important
degree because of the want of prompt protection. Further, the
outlay is for a capital investment for the benefit of the people
of the State for all time and not in any sense for the ordinary
expenses of government, and it is eminently proper that its cost
should be distributed over a long period of years.

These objects, to provide for prompt acquisition and for a
proper distribution of cost, may be met by the creation of a

20 Public Papers of Governor Hughes

State debt, represented by long-term bonds with annual contri-
butions to a sinking fund adequate to discharge both interest
and the principal at maturity. Under the Constitution it is for
the people to say whether they desire the forest policy of the
State to-be carried out promptly and without unnecessary losses,
and are willing that the means should be thus provided. If in
the case of the Highlands park the- necessary appropriations are
to be provided for by the bond issue, and if under the Consti-
tution, despite the close relation in policy of the two investments,
separate submissions to the people are deemed to be required, it
would probably be considered advisable, in view of the contri-
butions which private individuals have offered, to give prefer-
ence to the indebtedness for the Highlands park and postpone to
another year the submission of the creation of a debt for forest
purchases. It may be that still further postponement may be
deemed wise to make provision for the carrying out of the
plans for developing the water powers of the State, to which
I shall presently allude. But within a \comparatively short
period, if these matters receive prompt consideration and the
people approve, the State may be put in a position to care for
all these interests in a manner worthy of their importance and
its own dignity, and according to the approved financial
methods which a large business concern would adopt in its own
case.

The great progress that has been made under the legislation
of the last session in protecting the forests from fire is most
gratifying, and not only should the present stringent regulations
be maintained, but all additional protection which may be found
practicable should be provided. Continued encouragement
should be given to tree, planting and the work of reforestation
should be extended as rapidly as our means will permit.

With regard to the treatment of our forest possessions I re-
peat what I said in my last annual message :

" Our present constitutional provision, in so far as it
prevents the proper care and nurture of our forest preserve,
interferes with its own object. The time must shortly
come when, no longer having reason to fear the grasp of

Messages to the Legislature 21

the selfish hand and having settled the inviolability of the
puhlic interest in our priceless forest possessions, we shall
make possible their scientific protection and their proper
utilization for the public benefit. We may thus not only
secure needed advantages in safeguarding our streams .and
industrial power, but we may also properly promote the
health and enjoyment of the people. We shall not realize
the full benefit of these great resources until we not only
preserve our forests by intelligent treatment, but also by
means of suitable roads and well-kept trails we make our
mountain pleasure grounds, under wise regulations pro-
tecting woodland and nature's beauty, more accessible to
our people and render available to the many the invigora-
tion and the inspiration which few may now enjoy."

But in making any change in the Constitution with respect to
the forest preserve, extreme caution is needed. The present
provision represents an effective protest and barrier against
schemes of spoliation, and it will not be, and should not be
changed under the guise of providing opportunity for improved
forestry methods without complete assurance that the amend-
ments, either through undue breadth or from ambiguity, will
not prepare the way for the subjection of the public domain to
private interests. As long as .private lumbering enterprises, in
their anxiety for immediate gains at the expense of the future,
countenance destructive and wasteful methods in place of
scientific nurture and conservation, so long must we protect
from falling in any way under similar control the neighboring
public forests for which they would certainly not be more
solicitous. Until standards of administration with exclusive
regard for the public benefit are more securely established in
public sentiment, so that in adopting a permanent forest policy
we may feel sure that a strong and constant public demand will
afford reasonable protection against the insidious attacks of
those who look greedily upon the public treasures and against
the efforts to make public officers serve the favorites and allies
of political managers, we must maintain our barriers, even at the
loss of some advantages.

22 Public Papers of Governor Hughes

There is general agreement that provision should be made to
give authority for the sale of lands which though within the
preserve are wholly outside the boundaries of the Adirondack
and Catskill parks. In many cases it would be well if these
should be exchanged for, or sold and the proceeds invested in
properties within the parks.

With regard to any other matters, desired objects should be
so specified and limited that the precise matter to be authorized
by any amendment may be clearly perceived, strictly denned,
and an improper invasion of the forests of the State made
impossible.

Water Powers.

The Water Suppply Commission is about to make a most
important report of the result of its investigations under the
act of 1907 relating to the development of the water powers of
the State. An exhaustive examination, with the assistance of
competent engineers, has been made of the Hudson, Genesee
and Raquette river watersheds. Four great reservoir projects
have been examined so as to furnish full detail with regard to
location and design of dams and power plants, lands involved,
cost, and probable revenue and benefits. Additional studies
have been made of other rivers which have importance as
sources of power. Facts with regard to existing powers, the
relative importance of different streams and the probable results
of additional development and the market for increased power,'
have been carefully ascertained.

It is estimated, for example, that complete regulation of the
Hudson river with the storage required for that purpose would
raise the present minimum flow of the river in a dry year from
900 cubic feet a second to a minimum of 4,600 cubic feet at
Spier's Falls, and that with this increased flow and with full
advantage of all power possibilities, the present development
could be increased by 246,000 horse-power. It is said that a
low rate for the increased power would not only provide an
adequate carrying charge for a complete system, but a consid-
erable additional revenue to the State. One of the projects
relating to the Hudson development is that upon the Sacandaga,

Messages to the Legislature 23s

the cost of which in the first stage, which can be dealt with
separately, is estimated at $4,650,000, Its effect would be to
add 1,900 cubic feet per second regulated flow to the river and
an estimated increase of power upon a conservative basis of
85,500 horse-power. At five dollars per horse-power this would
provide a sum sufficient to give a considerable revenue in addi-
tion to the annual charge for interest, sinking fund and mainte-
nance. This apparently would not involve the use of the present
forest preserve property of the State.

It is impossible here to state with any degree of fullness the
interesting results of these important studies with respect to the
practicability of these proposed developments in connection with
the rivers of the State, and their advantage to the State. Some
of the projects involve the use of a portion of the land within
the forest preserve. But it is said that in all only 43,000 acres
of land. now owned by the State, including 10,000 acres of land
under water (out of about 1,500,000 acres owned by the State)
would be involved by the construction of all the reservoirs which
it would be practicable to construct in the Adirondacks; and
this includes many possible reservoirs which it would not be
necessary or economical to build. Excluding the land under
water, the greater part of the remainder of these 43,000 acres
is described as low, swampy and valueless, and only about 8,00a
acres is said to be really timber land.

The investigation has proceeded far enough to raise the
question as to the action which should be taken by the State;,
and I commend this subject to your most careful consideration:
The following principles should, I believe, be accepted:

( 1 ) That the flow of water in our rivers should be regulated
and our water powers developed to the fullest extent that may
be practicable.

This is essential to prevent unnecessary damage from floods'
and to ensure our industrial progress and the future prosperity
of our people.

(2) That with respect to streams having their headwaters
within the boundaries of the forest parks, all plans of regulation
or power development should be executed only by the State, and"

24 Public Papers of Governor Hughes

all reservoirs and their appurtenances and the impounded waters
should be the property of the State and under exclusive State
control, and not be permitted to pass into private hands.

Any such plan should embrace all necessary safeguards to
ensure the proper protection of the forests.

(3) That with respect to any other streams flowing through
any other public park or reservation of the State, such plans
should likewise be executed by the State and it should retain
exclusive ownership and control in order adequately to safe-
guard the State's interests.

(4) That further, as it is of great public importance that the
water powers of the State should be developed in a compre-
hensive manner and that these natural sources of industrial
energy should not become the subject of an injurious private
control, such development should be undertaken by the State
whenever such action appears to be feasible and for the gen-
eral interest.

(5) That in any case of State development of water power
provision should be made for the granting of such rights, as may
be proper, to use the power so developed upon equitable terms
and conditions.

(6') That the State should not undertake any plan of regula-
tion or water-power development save upon a basis which would
make its investment a fair and reasonable one from the public
standpoint by virtue of practicable measures for ensuring such
a return upon the State's outlay as would be equitable in the
particular circumstances.

(7) That any amendment of the Constitution at this time
for the purpose of permitting any portion of the forest preserve
to be used for any such purpose should, by its terms, or by
appropriate reference, suitably define the property within the
preserve which is to be used and the manner of its use. No
amendment and no plan of development should meet with any
favor which, after .the most rigid scrutiny, does not afford
absolute assurance that in no way will the public interest in the
forests be parted with or jeopardized.

Messages to the Legislature 25

Canals.

The contracts in force for the barge canal ' improvement
amount in total price to $48,229,467, and the contract value of
the work performed to December 1, 1909, was $15,821,275. It
is estimated by the State Engineer and Surveyor that during
1910 work will be completed amounting to $16,000,000, and it
is expected that the work for the entire length of the barge
canal system will be under contract by April 1, 1910. At the
present rate of progress it is said that it is not unreasonable to
expect that the barge canal system will be completed by the
end of the year 1914. It is further stated that the work is being
carried on within the original estimates. This enterprise should
be pushed to completion as speedily, as economically and as
efficiently as possible.

It is of great importance that adequate terminals for the barge
canal should be provided, and in accordance with the recom-
mendation in the last annual report of the Superintendent of
Public Works provision was made at the last legislative session
for proper inquiry in connection with this subject. The com-
mission appointed by the Legislature is making a careful in-
vestigation to the end that suitable terminal facilities may be
secured, and it is highly desirable that this investigation should
be continued and be followed by appropriate action.

Highways.

Important progress has been made in the construction and
improvement of our highways. Of the 520 miles of roads under
contract when the new State Highway Commission en-
tered upon its work at the beginning of last year, 201 miles
have been completed and accepted, and of the remaining 319
miles, 75 per cent, of the work has been done. In connection
with these roads supplemental agreements were made for con-
struction of 112 miles of bituminous macadam, of which 88
miles have been completed.

During the past year there have been expended for the im-
provement of county roads $2,847,261, of which the State con-
tributed $1,783,827 and the various counties $1,063,434. Special
attention has been paid to repair and maintenance, and $941,000

.26 Public Papers of Governor Hughes

were expended during the past year upon roads previously com-
pleted. Thre£ hundred and seventy-five miles of road have been
oiled with a heavy asphalt oil and covered with screenings or
gravel.

The total amount available for town highway purposes during
the past year, which was expended under the direction of the
Commission, was $3,801,732, of which there was raised by
highway tax on the towns outside of incorporated villages and
cities the sum of $2,436,199, and the State contributed $1,365,-
533. There was also raised for bridge purposes, $747,340.

Agriculture.

Provision should be made to promote the efficiency of the
important work of the State in the protection of the interests of
agriculture and to afford suitable advantages for agricultural
^education. In the changing conditions of our life the prosperity
of the State requires the improvement and increased apprecia-
tion of agricultural opportunities, and every practicable effort
should be made to this end.

'During the past year an outbreak of the foot and mouth
disease in western New York, and the appearance of the brown-
tail moth in central and eastern New York, were dealt with so
-efficiently that the last trace of danger was removed. In the
light of experience elsewhere, this prompt action has probably
saved the State, and particularly those engaged in agriculture,
iosses amounting to millions of dollars.

I renew the recommendation that consideration should be
given to the subject of meat inspection so that there may be
proper supervision over the slaughtering of animals in the State
of New York and the public health protected accordingly. The
State cannot rely upon the Federal service as it does not reach
■establishments doing a purely local business. I am informed
that animals which could not pass Federal inspection are being
slaughtered within the State and the meat is being constantly
sold upon our own markets. This is not only serious from the
standpoint of the public health, but is against the interests of
ihe live stock business of the State. Improvement should also

Messages to the Legislature* 27

be made in connection with the inspection of milk for food by
such measures as will protect the public and will conserve the
just interests of the dairymen. *

I again urge that there should be a revision of our laws so as
to concentrate in one department the supervision of milk and
dairy products and the administration of the Pure Food Law,
and thereby to avoid either conflict of statutory provision or
unnecessary duplication of work.

Stream Pollution and Public Health.

The question of protecting our streams from impurities
deserves your serious and prompt attention. The dangers from
sewage pollution are so well known that no argument is required
to point the necessity of insisting upon proper methods of
sewage disposal; and at the same time we should proceed as
rapidly as possible to free our waters from the contamination
of industrial wastes. There should be such amendment of our
present law as will give adequate authority to deal with these
matters by effective and impartial regulation, and existing pro-
visions which are relied upon as affording exceptions or im-
munities interfering with such authority should be eliminated.
Gratifying progress has been made, but it should be hastened
and we should not only remove hindrances that are found in
the present laws, but should also, particularly in the case of
industrial wastes, conduct suitable laboratory experimentation
under State authority so that difficult problems of disposal may
promptly be solved.

At the last session of the Legislature it was sought by suitable
measures to provide checks against the spread of tuberculosis.
This movement should be strengthened in every way that may
be found advisable.

I have formerly called attention to our anomalous system of
supervision of the sale of drugs under the present Board of
Pharmacy. The bill passed at the last session with relation to
this matter was disapproved as it did not provide for the con-
stitution of a board of suitable powers, the members of which
should be properly designated by and amenable to State author-
ity. I submit this subject for your further consideration.

28 Public Papers of Governor Hughes

Public Service Commissions.

I again recommend that the Public Service Commissions Law
should be extended to telegraph and telephone companies, and
that these companies should be brought under appropriate regu-
lation as to rates, service and other matters similar to that which
has been provided for corporations at present subject to the
law. The events of the past year have served to emphasize
the importance of adequate supervision and regulation, and I
know of no sound reason for excluding these activities from
the established policy of the State.

Such amendments of the Public Service Commissions Law as
experience has shown to be advisable, to improve its provisions,
to aid administration or to carry out the intent of the statute,
should be supplied.

I disapproved the Consolidated Railroad' Law passed at the
last session because the inclusion in the consolidated statute (if
enacted as worded), of the provisions of sections 37 and 38 of
the Railroad Law, with regard to rates and charges, might form
the basis for a claim that it was the intention of the Legislature
to continue these provisions, notwithstanding the subsequent
enactment of the Public Service Commissions Law. I advise
the formal repeal of these provisions of the Railroad Law.
And if a consolidated statute, without a general revision, is
enacted — the wisdom of which is open to serious question —
they should be omitted.

Elections.

There is just and widespread demand for improvement in
election methods. As I stated in my last annual message,
progress in solving the problems of State government would
seem to involve the concentration of responsibility with regard
to executive powers. To accomplish this there should be a
reduction in the number of elective offices. The ends of
democracy will be better attained to the extent that the inten-
tion of the voters may be focused upon comparatively few
offices, the incumbents of which can be held strictly accountable
for administration. This will tend to promote efficiency in
public office by increasing the effectiveness of the voter and by

Messages to the Legislature 29

diminishing the opportunities of political manipulators who take
advantage of the multiplicity of elective offices to perfect their
schemes at the public expense. I am in favor of as few
elective offices as may be consistent with proper accountability
to the people, and a short ballot.

But while this is a desirable aim, it does not justify glosing
our eyes to the situation as it exists and losing sight of im-
provements which are more closely within our reach.

The Governor, Lieutenant-Governor, Secretary of State,
State Comptroller, Attorney-General, State Treasurer, State
Engineer and Surveyor, Senators, Assemblymen, Sheriffs,
County Clerks, District Attorneys, County Registers and Super-
visors, as well as Judges of the Court of Appeals, Justices of the
Supreme Court, County Judges, Surrogates and Justices of the
Peace are elective officers under the State Constitution. It
would be an improvement, I believe, in State administration if
the executive responsibility were centered in the Governor who
should appoint a cabinet of administrative heads accountable to
him and charged with the duties now imposed upon elected
State officers. But it is apparent that such a change would re-
quire revision of our constitutional scheme. Some progress
might be made by the reduction of elective officers in munici-
palities and in the case of certain minor statutory offices. It is
idle, however, to expect under the present Constitution to
achieve what is really a short ballot, and those who limit them-
selves to this effort neglect, in my judgment, present oppor-
tunities so far as this State is concerned.

What is practicable and helpful now should not be ignored.
In considering advisable changes, or amendments of the law,
there may be noted :

(1) The Form of the Ballot:—

The defective form of the present ballot has lately had con-
spicuous illustration. It became such a monstrosity in the recent
election in New York city as to receive a well-nigh universal
condemnation. The ballot there presented to the voters was
about four feet wide and had nineteen columns for city can-
didates. The name of one candidate for mayor appeared eight

30 Public Papers of Governor Hughes

times in as many separate columns; another four times; while
the names of five candidates for mayor appeared but once. The
names of certain candidates for comptroller and for president
of the board of aldermen occurred seven times, and of others
five times. The names of three candidates for justices of the
Supreme Court occurred four times, and those of their prin-
cipal competitors three times. The third party column upon the
ballot contained no nominations for the general city ticket, while
the name of the candidate for mayor associated in the public
mind with the name and emblem of this party appeared in the
eighth column. For example, in the tenth election district of
the twentieth assembly district in the county of New York,
the ballot contained 184 names, although there were only 19
offices to be filled and only 84 separate candidates; in addition
much space was wasted in blanks, and one party column con-
tained no nominations whatever.

The use, under legal sanction of such an unwieldy ballot with
its absurd duplications, in the most important municipal election
held in this country, is such a serious reflection upon our
capacity to devise suitable election methods that we should
hasten, out of very shame, to make needed correction.

This form of ballot is the outcome of a desire to favor party
arrangements and straight voting, by providing separate columns
for the various parties respectively, which involves similar pro-
vision for the ephemeral associations or independent bodies
which may spring up with their emblems and candidates. It is
plainly an unfair advantage for the same candidate to appear
in several columns and in different combinations ; nor should an
official ballot favor schemes to capture party columns and
emblems.

I have repeatedly recommended the adoption of a simplified
form of ballot in which the names of the candidates for the re-
spective offices shall appear but once, grouped under the names
of the offices. Party designation and emblems may appear
opposite the candidate's name. The party column is not essen-
tial to proper party work and what is fair for one party is fair
for another. The party voter and the independent voter should
be on the same footing in the polling booth. It is of the highest

Messages to the Legislature 31-

importance to the community that the voter should.be encour-
aged to exercise care in his choice and this will be favored if
he is required to express his preference separately in the case,
of each office. The large number of elective offices is no reason
for making it easy to vote without discrimination, but we should
insist upon proper care and thus enforce attention to such,
further improvements as may be advisable.

(2) Corrupt Practices: —

The law with respect to corrupt practices, while not yet
achieving all the results desired, has proved to be of great-
benefit in its requirements of publicity and accounting. There
should be a constant effort to perfect it in the light of experi-
ence. I renew the recommendation that provision should be-
made for publicity as to all campaign expenditures, without
exception, and that a reasonable limit should be placed upon
the number of those who may be compensated as poll workers
in any election district.

(3) Constitutional Amendment: —

Our experience at the last election with regard to the consti-
tutional amendments submitted for adoption shows a lamentable:
lack of sense of responsibility on the part of our citizens with'
respect to changes in the fundamental law. This in part may
be due to want of familiarity with the proposals. And I again
urge for your consideration that appropriate means should be
devised to apprise voters of the nature of amendments sub-
mitted. The delivery of the text of the amendments at the
time of registration in districts where personal registration is
necessary, and suitable notification elsewhere, would be of
no little advantage.

Direct Nominations.
In my message last year I stated the reasons which have led
me to favor the adoption of a system by which party candidates
for elective offices shall be nominated directly by the party
voters. It is unnecessary to repeat them. They are based upon'
facts commonly known and upon the existence of evils which-

32 Public Papers of Governor Hughes

arguments cannot explain away and to the continuance of
which the people remain unreconciled. The ordinary party
member, who cannot make politics a vocation, feels that he is
practically helpless, a victim of a system of indirect, complicated
and pseudo-representative activities which favor control by a
few and make party candidates to a great extent the virtual
appointees of party managers. Party voters are largely out
of sympathy with their party organization because they believe
that its powers are abused and its purposes perverted.

Favoritism in departments of administration, the nonuse or
misuse of supervisory powers, and the shaping or defeat of
legislation to protect particular concerns or interests — in short,
the degree of success which has attended the efforts of those
who have not been entrusted with governmental authority to
dominate the action of public officers and to place and keep in
power those who will be amenable to their control — may be
traced in large measure to the . methods which have been in
vogue in making party nominations. Through these abuses not
only has the general public suffered, but parties themselves
have had their efficiency impaired. And even those who have
sought ably and honestly to direct party affairs have, to some
extent, been involved in the disrepute which has followed upon
the manipulations of the unscrupulous. A system which favors
autocracy in party government is opposed to every proper
interest.

Against the proposed change has been urged the familiar
argument that human nature cannot be altered. But the present
system is hot an essential part of human nature. Our keen
appreciation of the failings,' weaknesses and temptations which
must always be conspicuous in human activity should not cause
us to yield to the counsel of despair, but should rather stimulate
the effort to make every possible improvement in the methods
of political action. The fact that human nature cannot be
changed is no reason why we should not provide safeguards
against the play of its infirmities.

It should also be observed that while in considering remedies
we should avail ourselves of all pertinent information and ex-
periment, we must ultimately deal with the facts of our own

Messages to the Legislature 33

experience. Variant conditions in the different States may be
useful for the purposes of general history but can afford slight
help in the solution of our own problems, Arguments derived
from opinions which are addressed to a different state of facts
or to measures not analogous are of slight value.

There is no matter of graver public concern than the methods
of party action. Our officers of government are usually those
selected by one or the other of the two great national parties.
The Constitution of the State expressly recognizes political
parties and confides, in equal representation, to such parties as
cast the highest and next highest number of votes at general
elections, the discharge of the important public duty of register-
ing voters, distributing ballots to voters at the polls and of
receiving, recording and counting the votes of electors.
Political parties which enjoy these privileges and opportunities
cannot justly be regarded as mere associations whose methods
and transactions lie outside the domain of reasonable and im-
partial regulation in the public interest. It is of the highest
consequence to the party voters and to the public at large that
so far as possible there should be protection against abuses in
the conduct of party affairs.

There must be party committees and those who take charge
of the management of campaigns, and are entrusted with the
supervision of party administration. But the method of their
selection should provide proper checks upon efforts to defeat
the wishes of the party voters or to perpetuate their power by
using the party machinery for their own advantage. Members
of party committees should take and hold title to their offices
through the direct choice of the party voters to whom they
should be directly accountable.

The party primaries should be surrounded with all possible
safeguards. I urge again the recommendations for this purpose
that I made last year:

" (1) That provision be made for the enrollment of party
voters throughout the State, and that participation in primary
elections be limited to the enrolled party voters, with stringent
measures to prevent fraud. The enrollment may be made in

34 Public Papers of Governor Hughes

substantially the same manner as is provided for with regard to
registration.

" (2) That the expense of holding primary elections, includ-
ing the printing of official ballots, provision of polling places
and the like, be borne by the public.

" (3) That the Corrupt Practices Act be extended so as to
prescribe the expenses which may lawfully be incurred in con-
nection with candidacies for nomination and to ensure the
publicity of all expenses.

(4) That the amount which may be expended by candi-
dates for nomination be limited.

" (5) That generally, with such changes as may be necessary
for adaptation, the safeguards of the law governing general
elections be extended to primary elections."

I also renew the recommendation that a system of direct
nominations by all parties for all elective offices, other than
those of presidential electors, filled at the November election
or at special elections called to fill vacancies in such offices, be
provided.

Primary elections should not only be safeguarded, but they
should accomplish their purpose, and that is to make the par-
ticipation of the voters effective and their wishes decisive in
the selection of those who are to hold party positions and of
party candidates for office. The party voters can act more
intelligently in the direct choice of candidates than in the choice
of delegates. The former are publicly discussed; their qualifi-
cations are analyzed; the genesis of their candidacies is con-
sidered; and the public opinion of the respective districts may
be ascertained. Delegates at the best are uncertain, and public
attention cannot be riveted upon them to the same degree. If
they are absolutely pledged they are simply registering devices
and an unnecessary and a cumbersome addition to the party
machinery. If they are not pledged absolutely the party voter
has no proper assurance either of their allegiance or of their
deliberation. They lend themselves easily to secret control by
party managers and furnish the means not for true representa-
tion, but for nonrepresentation, or misrepresentation of the
party. It is not difficult to provide, and provision should be

Messages to the Legislature 35

made, for all necessary consultation and recommendations by
party leaders. But they do not constitute the party and their
recommendations, which should be made in a responsible and
public manner, as well as all other proposals of candidacies
should be subject to the final decision of the party voters.

It is no more complicated or expensive to have a primary
election, under due protection and with ,an official ballot, at
which the party nominees shall be directly chosen, than to have
a similar election of delegates. There are no greater oppor-
tunities for fraudulent practices in the former case than in the
latter, nor as many. It is difficult to interest the people in
intermediaries, and general participation of the voters in the
primaries is conditioned upon their appreciation of the fact that
they accomplish something by such participation. If it be
desired to have the form without the substance, to have repre-
sentatives who as a rule do not represent, and those chosen for
deliberation who usually do not deliberate, and to transfer the
absolute decision to party leaders with the alternative to the
party voter of bolting his ticket and meeting the reproach of
party disloyalty, the present system may be defended. But if
it be desired to have true party representation and that the
party members should express decisively their wishes, this may
be accomplished through a direct vote.

Speculation.

In view of the evils incident to speculation and of the im-
portance of sound business methods in connection with our vast
transactions in securities and commodities, I requested in De-
cember, 1908, Messrs. Horace White, Charles A. Schieren,
David Leventritt, Clark Williams, John B. Clark, Willard V.
King, Samuel H. Ordway, Edward D. Page, and Charles
Sprague Smith to collect facts, receive suggestions and make
recommendations with regard to the following question:

" What changes, if any, are advisable in the laws of the State
bearing upon speculation in securities and commodities, or re-
lating to the protection of investors, or with regard to the
instrumentalities and organizations used in dealings in securi-
ties and commodities which are the subject of speculation? "

36 Public Papers of Governor Hughes

While in the absence of authority a formal commission was
not constituted, I believe that the opinion of these gentlemen
after full inquiry, by reason of their established reputation and
varied experience, would be a most important aid to a proper
understanding of the subject and to an estimate of the value of
legislative proposals. Their report, which I received after the
adjournment of the last session, reflects their careful study of
the difficult questions involved and for the laborious and un-
selfish service which they have rendered, without compensation
and at their own expense, they are entitled to the grateful ap-
preciation of the people of the State.

I transmit this report herewith and I commend it, and par-
ticularly its specific recommendations with respect to legislative
enactment, to your most serious consideration.

Labor.
Existing conditions with regard to employers' liability and
compensation for workmen's injuries are so unjust that there
should be remedial action as soon as it can be taken intelligently
after competent investigation. The present methods are satis-
factory neither to employer nor employed and the rules of law
governing legal liability offend the common sense of fairness.
Under the legislation of the last session a commission, broadly
representative in character, was appointed and authorized to
make full inquiry with respect to industrial accidents and their
causes, and also into the causes of unemployment and the means
of securing a better distribution of labor. The work of this com-
mission should be supported, and it is hoped that its labors and
recommendations may lead to the adoption of comprehensive
measures which will avoid the present waste and injustice, and
promote contentment and prosperity by securing improved
conditions for those engaged in industrial occupations.

Conditions of Aliens Within the State.

The commission appointed under chapter 210 of the Laws of

1908 has made its report to the Legislature, and I invite your

attention to the importance of suitable measures to remedy, so

far as may be, the evils which it disclosed. Our laws should be

Messages to the Legislature 37

adapted to meet the exigency which arises from the introduc-
tion of so many into our population who are unfamiliar with
our usages and laws and are the ready victims of manifold, im-
positions. We cannot afford to regard with cynical indifference
the condition and opportunities of those who have recently
come to us from foreign lands, and we should be solicitous to
make such improvement in our laws and administration as will
reach the special abuses which have been found to exist'. It
should be considered to what extent they may be reached
through existing governmental agencies and how far it may be
necessary to improve these agencies to ensure practicable cor-
rection. It is desirable that there should be legislation imposing
more effective restrictions upon the business of private indi-
viduals who receive deposits of money in small sums. The
conditions of labor camps in connection with public works
should also receive proper attention. The importance of suit-
able vital statistics and of public records of aliens remaining in
our State should be recognized, and it should also be considered
whether it is not feasible to adopt some means to promote their
better distribution.

Notaries Public.

The able report of this commission has also shown the im-
portance of better methods in the selection and supervision of
notaries public. These are now appointed by the Governor,
(with the advice and consent of the Senate, if in session), and
are removable by the Governor upon charges. There are ap-
proximately 26,000 notaries public in the State. It has been
customary to appoint them upon recommendations which ap-
peared satisfactory. It is manifestly impossible for the execu-
tive department with its present equipment to deal with the
matter satisfactorily. The qualifications for appointment
should be subject to a more careful examination. This matter
might perhaps be confided to the .Supreme Court under rules
for the granting and revocation of licenses and examination,
through committees or otherwise, with respect to the reputation
and character of applicants, and these rules, to secure uniform-
ity, might be formulated by the Court of Appeals.

38 Public Papers of Governor Hughes

State Institutions.

The needs of our charitable institutions and hospitals for the
insane are very urgent. Provision must be made in the near
future for the New York Training School for Boys and to
carry out the plans with respect to Letchworth Village. Sev-
eral of our hospitals . for the insane are overcrowded and it is
estimated that after all the accommodations already provided
for have been supplied, there will be a shortage, by October,
1910, of proper accommodations for 1,600 patients. The
annual increase of patients is about 1,000. The need of a new
hospital at an early date is apparent. We must also proceed
with the work of providing additional prison accommodations.

I have repeatedly emphasized the importance of co-ordina-
tion in our institutional work. It is doubtless of advantage that
the work of different classes of institutions should be under
separate control. But it is entirely consistent with this control
to provide for consultation, for harmony of effort and for joint
action wherever it will be to the advantage of the State.

It is not wise to have salaries of subordinate employees fixed
directly by the Legislature, and these should be determined by
a board representing those in charge of the different classes of
institutional work, so that there should be a reasonable degree
of uniformity. Where joint purchases are profitable, there
should be authority to make them, and provision through such
a representative board as I have mentioned for an interchange
of experience and united action if feasible.

The various agencies of the State should not be estranged
from each other, and the knowledge of each department should
be availed of by the others. For example, agricultural experts
in the employ of the State should examine the different farms
connected with our State institutions, and their advice should
be obtained with regard to their best uses and methods of cul-
tivation, and provision should be made for such exchange of
products between the institutions as may be found desirable.

Supplies, so far as possible, should be standardized and there
should be proper provision for inspection to ensure conformity
to standard specifications.

Messages to the Legislature 39

Budget-Making and Economy.

In passing upon the appropriations made at the last session I
suggested that there should be provided some permanent
method for comparative examination of departmental budgets
and proposals for appropriations in advance of the legislative
session so that the Legislature might be aided by preliminary
investigation and report in determining with just proportion
the amounts that can properly be allowed. It is gratifying to
note the progress that has already been made in securing com-
parative estimates of the needs to be provided for at this legis-
lative session. But there should be a definite plan adopted for
the future.

I recommend that it be provided that on or before December
1st in each year there should be filed with the Comptroller by
each State officer, head of department or commission, and by
any other person or association desiring appropriations for a
particular purpose, a statement in detail of the amounts re-
quired and of the reasons therefor, and that the Comptroller
should be instructed to tabulate these requests and submit the
tabulation in printed form with comparative data and estimates
of income to the Legislature and to the Governor on the first
day of the session.

This will ensure desirable publicity with respect to the
demands upon the State, will greatly facilitate the legislative
committees in dealing with questions of appropriation, a work
which constantly grows more laborious, and will tend to ex-
pedite the business of the session. It will also prepare the way
for such further methods of examination, comparison and
criticism as experience may show to be advisable. While the
Legislature will have the power to make suitable appropriations
whenever requested, it will not be difficult to establish the tra-
dition that except in cases of emergency, requests for appro-
priations will not be regarded with favor unless filed at the
stated time.

The pressure upon the State is so great, not only from the
increasing work of the departments, but more particularly by
reason of the extent of the demands in connection with the
erection of public buildings and the growing requirements of

40 Public Papers of Governor Hughes

State charities, hospitals for the insane and prisons, that the
strictest economy must be pursued. Whatever outlays are
needed to ensure proper efficiency should be provided. It is idle
to maintain costly State departments of supervision if examina-
tions are a mockery and a mere cover for favoritism and illicit
opportunities. If it is the business of a department to make
examinations, it should make them, and whatever force is neces-
sary to have them made thoroughly and with reasonable fre-
quency should be provided. But wasteful expenditures when-
ever ascertained should be stopped. And it should be the
constant desire of every head of a department to find out, not
simply how he may extend his work for the good of the State,
but how he may save the State by abolishing unnecessary
places, concentrating effort and securing more faithful and
expert service.

Systematic Appropriations.

In connection with outlays for public buildings, and for im-
provements and extension of institutional work, including
education and charities, it seems to me that the effort should
be made 'to provide a tentative program for a series of years
which, while of course not binding upon succeeding Legis-
latures, would have an important influence in shaping appropria-
tions in accordance with a comprehensive plan and avoid, so
far as possible, ill-timed or indiscreet allowances. The various
demands could be classified so as to define (i) those relating
to enterprises which are in progress or to which the State is
already committed; (2) the further outlays that may be re-
quired to bring existing institutions as units of State work to
the highest available degree of efficiency, and such additional
facilities as may be needed in connection with the expected
increase in population; (3) such new institutions or lines of
State activity as present judgment would approve in case there
were means sufficient for their establishment.

The amount necessarily required each year for the purposes
of the first two classes, and the order of requirement and the
surplus of expected income available for the third class, should
be ascertained. The necessary amounts should be so dis-
tributed that no more than that reasonably required by the

Messages to the Legislature 41

proper progress of the work should be charged against the
income of any one year. In this way a conspectus may be pro-
vided, say for a period of five years, showing the imperative
demands upon the treasury of the State and the outlays deemed
advisable. Those urging the State to undertake new enter-
prises would thus see the relative importance of the various
requests and there would be less risk of improvident or inop-
portune outlays.

I believe that special appropriations for roads, river improve-
ments and other purposes for the benefit of particular localities
should be avoided so far as possible. All improvements of high-
ways should be under the supervision of the Highway Commis-
sion, and any amendment of the law needed to give the Com-
mission full jurisdiction should be supplied. Similarly the law
relating to river improvements should be amended, if neces-
sary, so as to remove any question as to the power of the Water
Supply Commission to provide for such improvement of water-
ways (outside of the canal system) and for such supply of
ditches, dikes and the like as may be necessary, after due ascer-
tainment by the Commission of the extent to which the expense
should be borne by the localities benefited and the part, if any,
to be charged upon the State. The practice of providing for
such improvements by special acts or by items in appropriation
bills which place the entire cost upon the State without regard
to the benefit derived by the cities, towns and counties con-
cerned, is unjustifiable and should yield to a general method
which will permit these matters to be dealt with in justice to
all interests.

Insurance.

The work of the Department shows the importance of fre-
quent examinations, and I recommend that adequate provision
be made for this purpose. The statute providing for liquida-
tion of companies under the supervision of the Department has
operated to great advantage and has made it possible to avoid
the wasteful and expensive methods formerly incident to
liquidation proceedings. Such force should be supplied as may
be necessary to carry its provisions into full effect.

I also advise that the business of Lloyds' insurance in this

42 Public Papers of Governor Hughes

State should be put upon a proper basis, and that such legis-
lation be adopted as will make it impossible for business to be
conducted except under conditions which ensure adequate
protection.

The supervision of co-operative fire insurance companies
should also be made more effective by legislation adopted to
secure safe and suitable methods.

I am informed that a proposed uniform bill regulating the
policies which may be. issued by insurance companies against
accidental bodily injury or disease,, drafted by a committee of
their members, after investigation, has been adopted by the
State Insurance Commissioners at their national convention. I
recommend this proposal following upon the effort which has
been made to provide either standard policies, or standard pro-
visions in policies of insurance, to your careful consideration.

Municipal Government.

There should be constant effort to minimize the amount of
special legislation sought for in connection with municipal
charters. Where amendment is needed the aim should be to
provide a general provision which at least will make further
application to the Legislature unnecessary. While the prob-
lems of municipal government are being studied and various
experiments are pointing the way to their solution, we should
endeavor to enlarge the freedom of local government and
remove from the field of legislation the host of petty demands
which annually encumber the work of the Legislature. There
should be early revision of the charter of the city of New York.

The adoption of the constitutional amendment with regard to
the debt limit in that city imposes upon the Legislature the duty
of prescribing the method by which, and the terms and condi-
tions under which, the amount of any debt to be excluded in
ascertaining the extent of the city's borrowing power shall be
determined. This should receive the most careful attention to
the end that, while the intent of the constitutional amendment
shall be fully carried out, the city shall be protected by proper
and accurate methods of computation and accounting.

Messages to the Legislature 43

The work of the criminal courts of inferior jurisdiction in
our large cities is of the greatest importance in the administra-
tion of justice and has close relation to the respect in whtch the
law and judicial authority are held. I trust that the inquiry
which has been prosecuted under legislative direction will result
in establishing these courts upon a better basis and in improving
their work.

Automobiles.

There is obvious necessity for the improvement of the regula-
tion of motor traffic. I believe that a substantial license tax
should be imposed for the privilege of operating motor vehicles
within the State, the proceeds to be devoted to highway repair.
But the matter of first importance for your serious considera-
tion is the provision of adequate safeguards to protect the lives
of our citizens. The operation of motor vehicles should be pro-
hibited save by those who upon proper examination and after
tests specially adapted to their work are found to be duly quali-
fied and are licensed accordingly under proper State authority
administering a system of uniform application. These licenses
should be subject to suspension and revocation, and in case of
repeated infractions of the law the guilty person should not
only forfeit his license, but be debarred from receiving another
in the future. It should be made a crime in itself, with severe
penalty, for any one to seek to escape after an accident to which
his act has contributed.

Penal Law Amendments.
Bookmaking. — The Legislature in 1908 abolished the distinc-
tion which had existed in favor of public gambling at race
tracks and made the law relating to public gambling the same
inside the race track inclosure that it was and long had been
outside save as the punishment was increased. The Penal Law,
section 986, prohibits bookmaking. As ordinarily prosecuted,
the business of bookmaking requires the paraphernalia or re-
cording which the statute describes. As stated by the Court of
Appeals, by Haight, J., in The People ex rel. Lichtenstein
against Langan, " It is perhaps true that a bookmaker may re-
tain in his own mind the memory of the odds where three or

44 Public Papers of Governor Hughes

four horses only are entered in a race so that he could state the
odds orally to others; but it would be 'difficult for him or his
customers to remember the precise amounts in many transac-
tions and base their bets thereon, and, consequently, but very
few bets could be taken under such circumstances. The masses
could not be drawn into the scheme and their money obtained
without some writing or entry that they could rely upon. * * *
The vice of bookmaking chiefly consists in the solicitation and
in the inducing of the public to take chances in the carefully
figured and planned scheme of the bookmaker, and this in order
to be made profitable to him, requires the writing out of the
lists of odds laid on some paper or material so that it could be
seen by those who were solicited to invest."

In view, however, of the efforts that have been made to
evade the statute, and despite its prohibitions to continue the
business of bookmaking, either without recording in the usual
way or with records so concealed as to make detection difficult,
I recommend that the law be amended so as to penalize the
practice of bookmaking, even though there be no recording.

Procuring. — In view of the revelations that have been made
as to procuring and trafficking in women for the purpose of
prostitution, I recommend for your consideration the enactment
of whatever additional or more stringent provisions of law
may make our statute more efficacious.

Unnecessary Officers.

I again recommend that the Board of Port Wardens be re-
duced to five members, in lieu of the present board of nine.

I also recommend that the positions of Supervisors of Run-
ning Race Meetings and Trotting Race Meetings be abolished
and their duties be transferred to the State Comptroller, to be
performed by his subordinate's.

Judicial Procedure.

The delays and wastes which characterize condemnation pro-
ceedings constitute a grave public scandal. All public officers
concerned in this matter should be solicitous to demand proper
regard for public duty. Measures should be devised to provide

Messages to the Legislature 45

more economical and careful methods, and if it should be
deemed necessary to amend the Constitution an amendment
should be prepared and submitted. *

I urge upon your attention the importance of simplifying the
procedure of our courts. The natural disinclination to interfere
with the methods to which we are accustomed, and to avoid
raising controversies over provisions of new statutes, should not
discourage the effort to reduce the importance of technicalities
in litigation and to facilitate the speedy disposition of causes
upon their merits. This subject is engaging the attention of
careful students, and any measures, although not comprehen-
sive, which may prove an aid in minimizing the delays of liti-
gation, and in destroying the opportunities of professional con-
troversy for its own sake, should receive favorable
consideration.

CHARLES E. HUGHES.

CORRESPONDENCE

RELATING TO THE

Gift to the State by Mrs. Edward H. Harriman, and also

to the Private Contributions Offered for the Improve-

ment and Extension of the Palisades Park

and for the Development of the Proposed

Park in the Highlands of the Hudson.

Submitted to the Legislature by the Governor with his
annual message of January 5, 1910.

[47]

CORRESPONDENCE WITH RESPECT TO THE GIFT
TO THE STATE BY MRS. EDWARD H. HARRI-

MAN.

Letter from Mrs. Edward H. Harriman to Governor
Hughes, dated December 15, 1909

Arden, N. Y., December 15, 1909.

Hon. Charles E. Hughes, Governor of the State of New
York:

Dear Sir. — In conformity with the plans heretofore pro-
posed by the late E. H. Harriman, in correspondence with you,
I propose to convey to the State of New York, on certain con-
ditions, a tract of land situated in Orange and Rockland coun-
ties, comprising about ten thousand acres, to be held by the
State in perpetuity, as a State park. And in furtherance of the
same object, I wish to give to the State, or to such board or
commission as may be designated under proper legal authority
to receive and administer the trust, the sum of $1,000,000. It
was Mr. Harriman's wish, and is my expectation, that this fund
should be used by the State to acquire other parcels of land,
adjacent to the above-mentioned tract, and intervening between
it and the Hudson river, and in the improvement of the whole,
so that the park may ultimately have some portion of river
front, and thus, by improved accessibility, be rendered more
useful and beneficial to the people of this city and the neighbor-
ing counties.

If you will kindly cause such action to be taken as will indi-
cate the acceptance of this gift on the part of the State, and
designate the agency through which the State will accept and
administer the same, I shall be ready to complete the matter at
any time. If it seems wise to you that the jurisdiction of the
present Palisades Park Commission should be extended, so as
to include the care and development of the proposed park, such
a result would be entirely agreeable to me.
Yours very truly,
(Signed) MARY W. HARRIMAN.
[49]

50 Public Papers of Governor Hughes

Letter from Charles A. Peabody to Governor Hughes,
dated December 28, 1909

2 Wall Street, N. Y., December 28, 1909.

Hon. Charles E. Hughes, Governor, etc., Albany, N. Y.:

Dear Sir. — Referring to the letter of Mrs. Edward H. Har-
riman, under date of December 15, 1909, which she transmitted
to you through me, it has occurred to me that the conditions
referred to in her proposal should be set forth more in detail
in order to make clear, at this time, her view as to the terms
upon which her proposed grant will be made.

In addition to the condition that the land conveyed by her to
the State should be held for use as a public park, she proposes
to add a further condition, in effect providing that if the State,
or any person or. corporation under the authority of the State,
shall hereafter condemn or seek to condemn other land in
Orange county belonging to her or her descendants, the land
which is the subject of this grant shall thereupon revert to her
or her heirs.

It is proper to say that, adjacent to the proposed park on the
north, is a tract of land which now constitutes Mrs. Harriman's
residence, and it has occurred to her that if some future sug-
gestion as to the enlargement of the park should have in con-
templation the condemnation, under the power of the State, of
other lands of hers, it might greatly interfere with her plans
as to the future, and she would not wish her gift to the State
to be made the starting point of such a proceeding. She realizes
that the exercise by the State of its power of eminent domain
probably cannot be limited by any agreement, and it has seemed,
therefore, wise that this gift on her part should be made condi-
tional upon there being no attempt in the future to encroach
on what she desires to retain for her own use.

In my conversation with you on this subject, I understood
that this reservation on her part did not seem to you unreason-
able or objectionable, and I hope that the attainment of the
great object in view may be accomplished consistently with this
plan.

Yours very truly,
(Signed) CHARLES A. PEABODY.

Messages to the Legislature 51

Letter from Governor Hughes to Mrs. Edward H. Harri-
man, dated December 29, 1909

State of New York — Executive Chamber *

Albany, December 29, 1909.
Mrs. Edward H. Harriman, Arden, N. Y.:

Dear Madam. — Mr. Peabody has sent to me your letter
under date of the 15th instant in which you propose to convey
to the State of New York, on certain conditions, a tract of
about ten thousand acres of land situated in Orange and Rock-
land counties to be held by the State in perpetuity as a State
park, and further to give to the State, or to a duly authorized
board or commission, the sum of one million dollars in trust to
be used by the State in order to acquire other parcels of land,
adjacent to the above-mentioned tract, and intervening between
it and the Hudson river, and in the improvement of the whole,
so that the park may ultimately have some portion of river front
and thus be rendered more useful and beneficial to the people
of the City of New York and the neighboring counties.

I have also received a letter from Mr. Peabody under date of
the 28th instant in which he describes the nature of the condi-
tions to which you refer, to wit, that in addition to the condition
that the land conveyed by you to the State should be held for
use as a public park, it shall also be provided that if the State
or any person or corporation under its authority shall hereafter
condemn or seek to condemn other land in Orange county be-
longing to you or to your descendants, the land which is the
subject of your grant shall thereupon revert to you or to your
heirs.

Permit me to express my deep gratification at this generous
action on your part, in carrying out Mr. Harriman's wishes,
through which there will be supplied a nucleus for the develop-
ment of a highland park of rare beauty and charm which will
prove of inestimable value to the people of the State, and par-
ticularly to the multitudes congregated in our greatest city.
There can be no worthier benefaction than to protect the
scenery of this region from ravage and to create a public park,
at the very door of the Metropolis, where may be afforded

52 Public Papers of Governor Hughes

opportunity for recreation and enjoyment amid unrivalled sur-
roundings stimulating alike to the love of nature and the senti-
ments of patriotism.

Great as will be the pleasure of the people at the announce-
ment of your gift, I am sure that in the years to come there
will be a constantly growing appreciation of its importance to
the State and of the liberal disposition and farsightedness which
prompted it.

I shall take pleasure in recommending to the Legislature that
appropriate measures be enacted to provide for the acceptance
of your gift and its use by the State for the purposes you have
indicated. With high respect, I have the honor to remain,

Very sincerely yours,
(Signed) CHARLES E. HUGHES.

Letter from Governor Hughes to Charles A. Peabody,
dated December 29, 1909

State of New York — Executive Chamber.

Albany, December 29, 1909.
Mr. Charles. A. Peabody, 2 Wall St., New York City:

Dear Sir. — I have received your letter of the 28th instant,
in which you refer to the letter of Mrs. Edward H. Harriman
under date of the 15th instant, transmitted to me through you,
and explain on her behalf the conditions upon which her pro-
posed grant is to be made. I inclose a letter to Mrs. Harriman
which I shall be glad to have you place in her hands ; and in my
coming message I shall present the matter to the Legislature,
with copies of the correspondence, recommending suitable
legislation for the acceptance of the gift.

With appreciation of your own interest in this important pro-
posal, and thanking you for your letter, I remain,

Inclosure. Very respectfully yours,

(Signed) CHARLES E. HUGHES.

Messages to the Legislature 53

CORRESPONDENCE RELATING TO THE PRIVATE
CONTRIBUTIONS OFFERED FOR THE IMPROVE-
MENT AND EXTENSION OF THE PALISADES
PARK AND FOR THE DEVELOPMENT OF THE
PROPOSED PARK IN THE HIGHLANDS OF THE
HUDSON

Letter from George W. Perkins, President of the New
York Palisades Park Commission, to Governor Hughes,
dated November 22, 1909

Office of the New York Palisades Park Commission,

31 Nassau Street.

New York, November 22, 1909.

Hon. Charles E. Hughes, Governor of the State of New
York, Albany, N. Y .:

Dear Sir. — The New York Palisades Park Commission, in
connection with its work, begs leave to submit the following
for your consideration:

The work of stopping the blasting on the Palisades has been
concluded and the New York Commission, working jointly with
the New Jersey Commission, has acquired all of the face of the
cliffs from Fort Lee ferry to Piermont, New York, including
the riparian rights for the entire distance. This has been done
within the limits of the appropriations made to the Commission
for this purpose nine years ago.

During this period of time the land which has been acquired
has come to be used so generally by the population of New York
as a recreation ground, that the Commission has been impressed
with the necessity of enlarging the district and making it more
accessible to the great population so near at hand. This could
be done by making this strip of land the gateway and approach
to land above the Palisades, where a much larger park could
easily be reached and made available for the people.

Owing to the growth of New York city to the northward,
and the towns along the New York Central road, it would be
impossible to acquire land for an easy exit or for park purposes

54 Public Papers of Governor Hughes

to the northward of New York city on the east side of the
Hudson river. By crossing the Hudson river at 125th street,
however, one immediately reaches the south end of the
Palisades park, and if at that point a park were commenced
which would include a roadway running north, such roadway
would soon reach the uplands where land can still be acquired
by the acre at reasonable figures. Not only could) this property
be reached by land along the base of the Palisades, but it could
be reached by water from New York city at very low excursion
rates.

When the Commission was first created its jurisdiction ex-
tended only to Nyack, N. Y. Believing that the Palisades
proper were only an approach to what ought to be done in the
way of park development further up the State, the Commis-
sion's jurisdiction was extended in 1906 to Stony Point, and it
was given the power to select and locate such mountain lands
along the west bank of the Hudson river, in Rockland county,
as in its opinion might be proper and necessary for the pur-
poses of extending the limits of the park and preserving the
scenic beauty of the mountain lands along the bank of the
Hudson river north of the Palisades ; and in this connection it
was given the power to take such lands, in fee or otherwise,
by purchase, gift, or eminent domain, and to receive by gift,
contribution or bequest moneys to be used in acquiring or im-
proving such lands ; conveyance of the said lands to be made to
the Commissioners in their corporate name.

You will see from this that the Commission now has juris-
diction over the mountains and uplands running back from the
Hudson river, in Rockland county. Part of the territory thus
covered by the Commission's new jurisdiction includes the
Hook mountain district.

The plan of the Commission, under which the Palisades
proper have been saved, was to raise a certain amount of
money from individuals and have the State contribute approxi-
mately as much more. Under this plan individuals have con-
tributed, up to date, about $300,000 in money and land to the
Commission's work of acquiring land, etc.; the State of New
York has contributed $400,000 and the State of New Jersey
$50,000.

Messages to the Legislature 55

The suggestion that the Commission now makes for your
consideration is this : The Commission believes that a number
of wealthy people would now give substantial amounts of
money and land for the purpose of constructing a roadway
along the Palisades, stopping the blasting at Hook mountain,
and acquiring lands in Rockland and Orange counties for the
purpose of a great State park in that neighborhood, provided
that, in your judgment, it would be wise to urge the Legislature
this winter to appropriate as much money for these purposes as
individuals might contribute. In other words, if the aggregate
contributions of individuals amounted to two and one-half
million dollars would you favor asking the Legislature to appro-
priate two and one-half million dollars?

If this suggestion meets with your approval the Commission
would need to have your support in seeking to have its juris-
diction once more extended, as it was two years ago, so as to
include the land adjacent to the Hudson river to a point as
far north as Newburgh.

In connection with this entire- plan the Commission desires
to call your attention to the location selected recently for a new
State prison. This location is at a point which would be within
the development of any such park as is contemplated, and if, in
your judgment, it were expedient to consider removing the
prison site to some other point, the Commission believes that
•such action would be most helpful in securing private contribu-
tions of money and land.

If you should desire to have the New York Commission go
on and take up some such plan as is above outlined, and the whole
plan should involve an expenditure of five million dollars, it
would, of course, not require the expenditure in one year by
the State of the suggested two and one-half million dollars.
Indeed, the expenditure might be arranged in some such way as
the Commission's original appropriation by New York State,
which provided that it be allowed $200,000 the first year and the
remaining $200,000 during the second year or as actually
required thereafter.

The encouragement the Commission has received from indi-
viduals of late, as to what might be done in the way of private
gifts to such an enterprise, makes it seem its duty to lay the

56 Public Papers of Governor Hughes

whole project before you for your consideration, and await
your advice and instructions before proceeding further.
Respectfully submitted by
THE NEW YORK PALISADES PARK COMMISSION,
(Signed) Geo. W. Perkins,

President.

Letter from Governor Hughes to George W. Perkins,
President, etc., dated November 23, 1909

State of New York — Executive Chamber.

Albany, November 23, 1909.

Hon. George W. Perkins, President, Palisades Park Commis-
sion, 31 Nassau St., New York City:

Dear Sir. — Your letter of the 22d instant has been received.
I desire to express my high appreciation of the work already
done by the Commission and of the importance of the contem-
plated extension of it. It is very desirable that a roadway
should be built along the Palisades adding to the accessibility
and use of this district and also forming a suitable approach
to a highland park. The blasting at Hook mountain should be
stopped and its scenic beauty preserved, and the State should
acquire an adequate reservation in Rockland and Orange coun-
ties which would not only conserve the rare beauties of that
region, but provide an unsurpassed recreation ground for the
people. This section is within such a short distance of the city,
and can be made so easy of access, that the establishment of an
adequate park for the public enjoyment will afford an incal-
culable benefit, and it would be difficult to conceive of any
project which would more surely elicit the gratitude of coming
generations.

I am heartily in sympathy with the proposal and I am deeply
gratified that there is a probability that private individuals will
be found ready generously to aid the State in such an under-
taking and to make possible the execution of a plan which would
form a fitting crown for the enterprise in connection with the
Palisades which has been so largely aided by private beneficence.

Messages to the Legislature 57

With respect to the plan in detail these suggestions occur to
me at this time:

(1) The Palisades Park Commission was established by
chapter 170 of the Laws of 1900, its jurisdiction, as you state,
having been extended by chapter 691 of the Laws of 1906. The
Commission consists of ten persons officially known as the
" Commissioners of the Palisades Interstate Park." It was
provided that five should be citizens and residents of the State
of New York, and by chapter 504 of the Laws of 1901 it was
expressly provided that five might be citizens or residents of the
State of New Jersey. The Commission actually appointed consists
of five citizens of New York and five citizens of New Jersey. I
do not find that the five citizens of New York have any separate
powers, or constitute by themselves a Commission, but the ten
Commissioners by virtue of their New York appointment and
the New York statute constitute a State Commission. Whether
it would be well, in connection with the establishment of a
highland park extending to the north in Orange county (as dis-
tinguished from the Palisades roadway and the work that has
proper relation to an interstate park) to have the matter en-
trusted to a Commission consisting in part of residents of New
Jersey, is a matter for further consideration, but not one involv-
ing any great difficulty, as an entirely satisfactory plan of ad-
ministration could easily be provided. The Legislature might
deem it preferable that so far as the highland reservation may
be regarded as State, and not interstate, it should be in charge
of citizens of this State.

(2) At the last session of the Legislature a forest reservation
was created in the Highlands of the Hudson " within the moun-
tains touching the Hudson river lying in the towns of Cornwall,
Woodbury and Highland in the county of Orange, and Stony
Point in Rockland county " with prescribed boundaries. It is
provided that this reservation, which was to consist of such
lands, rights and interests now owned or hereafter acquired by
the State within the specified limits, is to be under the care of
the Forest, Fish and 1 Game Commissioner, and the Commis-
sioner is authorized to take lands by purchase and also to receive
by gift or bequest moneys to be used in acquiring or improving

58 Public Papers of Governor Hughes

lands. If the project is carried out in the manner now sug-
gested, it would seem that a comprehensive plan should be pro-
vided for the whole section.

(3) Certainly if individuals are willing to contribute two and
one-half million dollars, as I earnestly hope they will, for this
important enterprise, the State should be willing to contribute
as much more, and I should strenuously urge such an appro-
priation.

Much as I should like to see the matter expedited, I cannot,
however, see my way clear to recommend such an appropriation
out of the State's current income, for the demands are so great,
particularly in connection with the necessities of the charitable
work of the State along lines to which it is fairly committed,
that I fear the moneys would not be available. If the amounts
required were distributed over a period of years it might per-
haps be accomplished if only a small amount relatively were re-
quired each year, as, for example, $200,000, as suggested in
your letter. But, if this were possible, I fear that the increase
of values, and the, absence of available moneys to take imme-
diate advantage of opportunities that might be presented, would
prove a drawback to the success of the enterprise and in the end
entail a considerably larger outlay. We have also to consider
that while we are endeavoring to protect the Highlands and to
create there. a recreation ground, the necessity of extending as
rapidly as possible our acquisitions of forest land in the Adiron-
dacks and in the Catskills is most exigent. Fortunately we are
committed to the policy of protecting the forests and there is
a growing sentiment in its support. This involves the acquisi-
tion by the State of a forest preserve commensurate with the
needs of the conservation of this great natural resource. The
longer we delay this acquisition the more it will cost the State.
I am strongly of the opinion that, as we have decided upon the
policy, we should execute it as rapidly as good judgment and
proper economy in outlay will permit. The State with all the
wealth of its resources should not be halted simply because its
current income is insufficient for the purpose. These reserves
are being bought not for a temporary purpose, but for the per-
manent benefit of the people, and it is fitting that those who
come after us should bear the burden with us.

Messages to the Legislature

59

There is only one way it seems to me to provide for the
necessary appropriations for this purpose, and that is through
an issue of State bonds with proper sinking fund provisions.
Such an issue should be provided for in an amount adequate to
supply the means to secure the properties in the Highlands and
in the northern forests which it is believed that the State should
hold.

Such an issue under the Constitution must be authorized by
the people at an election. I do not believe that it would be
difficult to obtain such an authorization. Safeguards should be
provided for such check with regard to the issue of bonds as
would insure security against improvidence.

In this way provision should be made so that such amounts
could be expended annually as the occasion justified and we
would not be restricted to a particular amount because of the
pressure upon our annual income.

(4) With regard to the new State prison, the site for which
lies within the boundaries of the proposed park:

This site, as you know, has been selected pursuant to an act
of the Legislature and plans are under way for the construction
of the prison. I am not in a position to say what can be done
with respect to this, for. not only would legislative action be
needed to effect a change, but the extreme difficulty of obtain-
ing a suitable site for such an institution must be recognized.
The extent of this difficulty can be appreciated only by those
who have served upon various commissions endeavoring to ob-
tain suitable sites, and who know how strenuous are the objec-
tions that are made in almost all cases. But I do think that the
creation of such a park and the benevolence of private individ-
uals in so largely aiding the State present the matter in a new
phase, and the whole question of a prison site should be taken
up in its new relation and we should endeavor to see what can
be done. While, not knowing what other sites may be available,
I can make no definite suggestion, I sincerely hope that this
question will be taken up with a full appreciation of its import-
ance as it is now presented. I may add that the time has ar-
rived for the letting of contracts and it is of great importance
that we should be in a position at as early a date as possible to
reach a final decision. In view of the confidential character of

60 Public Papers of Governor Hughes

the suggestions that have been made as to private gifts, I have
not felt free thus far to discuss with State officers the advisabil-
ity of a reconsideration of the question of prison site, and I
trust that there will be such a speedy development of the plans
now in view that I may be free to do so in the very near future.

(5) In what I have said above as to the officers through
which the .State's authority should be exercised in creating and
holding a distinctively State park, I omitted to mention the pos-
sible desirability of an interstate reservation in connection with
the watershed, so important to the interests of New Jersey. It
may be highly desirable that this should be protected under the
charge of an interstate commission.

I trust I have made it clear that I am most anxious that a
plan be carried out for the adequate protection of the shores of
the Hudson and for a highland reservation, and that I wel-
come most gratefully the private beneficence of which you have
given intimation. While I have no authority to act in the ab-
sense of legislation, I should be very glad to urge the passage of
suitable measures to make such a project successful. It seems
to me that the details can easily be arranged and that the peo-
ple, through their representatives in the Legislature, and di-
rectly through a referendum, with regard to a proper bond
issue, will gladly provide for the raising of the necessary amount.

Again expressing my gratification at the encouragement your
Commission has received, and awaiting your further sugges-
tions, I am,

Very truly yours,

(Signed) CHARLES E. HUGHES.

Messages to the Legislature 6i

Letter from George W. Perkins, President, etc., to Gov-
ernor Hughes, dated November 24, 1909

Office of the New York Palisades Park Commission,
31 Nassau Street.

New York, November 24, 1909.

Hon. Charles E. Hughes, Governor, Albany, N. Y.:

■My Dear Sir. — Your letter of the 23rd, replying to the New
York Palisades Commission's letter of the 22nd, is received and
very greatly appreciated. Every member of the Commission
will be greatly encouraged because of the prompt and cordial
nature of your reply.

One of the chief difficulties in the way of carrying out the
plan will probably be the question of removing the prison site ;
but as you are willing to take this up in connection with the
whole project we feel very sure that some way of removing the
obstacle can be found. If there is anything that the Commis-
sion can do to be of assistance in this matter please do not hesi-
tate to command it.

Your suggestion of how to finance the proposition from the
standpoint of the State is a most admirable one, and a bond
issue for such a purpose, for the reasons stated in your letter
and with your backing and support, would undoubtedly go
through.

There seems to be but one matter left to work out and that is
the one touched on by you, viz., of whether or not the jurisdic-
diction of the Palisades Commission (it being an Interstate
Commission) should be extended further up the river: The sit-
uation in this matter is just this : When the question of saving
the Palisades was originally taken up it failed of accomplish-
ment because of the difficulties in the way of the States doing
anything jointly, — four-fifths of the Palisades proper being in
the State of New Jersey and the remainder in the State of New
York. The question of spending New York State's money to
buy New Jersey land was a difficult one. The solution was
found in the establishment of two Commissions, — a New York
State Commission and a New Jersey Commission, and then

62 Public Papers of Governor Hughes

placing the same men on both Commissions. This has meant but
one body of men to meet and do business together.

Just before the completion of the work of acquiring land
along the Palisades, the Commission had, as its guests up the
river to look over the work, the Governor of New Jersey and a
number of the men associated with him in the affairs of that
State. As a result of their consideration of the Commission's
work we have secured their promise of cordial support in the
undertaking we have in hand, and some of the money that we
expect to raise for the project will come from the State of New
Jersey and from individuals over there. You can readily see
what a strong argument we were able to make to New Jersey in
this matter, because the roadway that would lead to the up- State
park would run through fourteen miles of New Jersey territory,
— ■ territory which is, as yet, to a large extent undeveloped and
unpopulated, and, therefore, not producing the income for the
State which it could be made to produce. This opening up of
the territory would largely increase the population there and,
therefore, make it attractive to the State to help finance it, and
attractive to individuals over there, to help put the project
through. We are, therefore, extremely anxious to keep the
movement working through the joint Commission. Further-
more, the plan which, in the judgment of the Commission, it
would require five million dollars to execute, — in order to raise
the money from private individuals has been talked up on the
basis of one completed and rounded-out plan, viz., the drive
under the Palisades, the saving of Hook mountain, the moving
of the prison site, and the establishment of a great park at the
north end of the drive. We are not soliciting private contri-
butions for any one of these purposes, but soliciting for the en-
tire project ; Mr. A.'s money and Mr. B.'s money to be used as
in the judgment of the Commission seems best, — either for
work on the roadway, stopping the blasting at Hook mountain,
for acquiring land, or building roads in the park at the north
end. You will see, therefore, that if there were two Commis-
sions such a plan for raising and using money could not be
(vorked out.

The hope of the Commission has been that its work of the
last eight years would be done in such a manner as to inspire the

Messages to the Legislature 63

confidence of the community in its ability and integrity in the
handling of individuals' money and the State's money, and thus
enable it to move on to larger accomplishments. The comple-
tion of the work of the Commission on the Palisades proper is
what makes it possible for the Commission to raise a very large
sum of money by private subscription now, for the extension
of the work.

When the Commission's jurisdiction was extended two years
ago, beyond the Palisades, the same question was raised that is
mentioned in your letter, viz., of New Jersey men being on a
Commission that had the right to accept gifts and condemn land
and manage a property that was clearly in New York State.
The Commission's jurisdiction was extended, however, and
might not this be counted on with the Legislature as a sufficient
precedent to extend it again ?

The Commission is prepared to obtain subscriptions imme-
diately to the fund in question, and all its tentative work has
been done on the theory that the Commission as now consti-
tuted could have its jurisdiction enlarged and go on with the
project.

The Commission realizes that as the Legislature is not in ses-
sion you cannot give a guarantee that the Legislature will agree
with our views, but if you personally acquiesce in our views, we
are ready to go on with the project and believe that we can have
it ready to place in your hands, in definite shape, in a very short
time.

I believe this is the only point left to be covered, and on hear-
ing from you as to this we will immediately proceed to obtain
our subscriptions, and hope, within a very few days, to place the
matter in your hands, in such definite form that you can move
in the prison matter as promptly as you desire.

Once more assuring you of our appreciation of your com-
munication of the 23d we have the honor to remain,
Very respectfully yours,

THE NEW YORK PALISADES PARK COMMISSION,
(Signed) By Geo. W. Perkins,

President.

64 Public Papers of Governor Hughes

Letter from Governor Hughes to George W. Perkins,
President, etc., dated November 26, 1909

State of New York — Executive Chamber.

Albany, November 26, 1909.

Hon. George W. Perkins, President, New York Palisades
Park Commission, 31 Nassau St., New York City:

Dear Sir. — I have received your letter of the 24th instant.
It is clear that theoretical considerations with respect to the
agency employed should not obstruct the prosecution of a great
enterprise for the public benefit.

While five of the members of the New York Palisades Park
Commission are citizens of the State of New Jersey, it is none
the less a New York State commission whose members are ap-
pointed by State authority, and to that, authority it is at all times
amenable. Under the law its members are not entitled to com-
pensation for their services, and your recent report shows that
the entire amount disbursed from the funds of the Commission
for their personal expenses during the nine years of its exist-
ence is only $457.93. Its work has been an object lesson in
State thrift and in efficient administration aided by private
benevolence.

It is also true, as you point out, that the jurisdiction of the
Commission was extended in 1906 so as to cover a large portion
of Rockland county. And it should be remembered that prob-
ably in the near future measures will be taken, as suggested in
my last letter, to secure the proper protection of the watershed
in northern New Jersey and in the adjoining part of this State.
I have several times discussed this matter with Governor Fort,
and while I do not know his views upon this precise point, it
may well be that the extension of the jurisdiction of your Com-
mission to such an enterprise may be found advisable. This
could easily form part of a comprehensive scheme for the care
of the State's interests along the Palisades and in the highlands
to the north.

Further, with respect to the proposed roadway, the protection
of Hook mountain, and the creation of a, highland park, you
state in your letter that some of the money that the Commission

Messages to the Legislature 65

expects to raise will come from the State of New Jersey, and
that you intend to secure subscriptions for the carrying out of a
plan embracing all these matters, and not for one or more of
them taken separately. I should not desire that any obstacle
should stand in the way of your securing aid from citizens of
New Jersey as well as from those of New York, and I am
anxious that the question should be dealt with in such a way,
consistently with the interests of this State, as to enlist the larg-
est measure of support and to secure the early accomplishment
of an end of such great public advantage.

For these reasons, while of course I am without authority to
give you any further assurance in the premises, I personally ac-
quiesce in the view that the jurisdiction of the New York
Palisades Park Commission should be extended in a suitable
manner, with proper safeguard of the title to lands acquired
within this State, so as to embrace the. additional tracts within
the suggested plan, and I am willing to recommend to the Legis-
lature that there should be appropriate legislation for this pur-
pose.

Trusting that your expectations with regard to the proposed
benefaction will be speedily realized, and that this enterprise
promising so much benefit to the people of the State will be
successfully completed, I remain,
Very truly yours,

(Signed) CHARLES E. HUGHES.

Letter from George W. Perkins, President, etc., to Gov-
ernor Hughes, dated November 27,

Office of the New York Palisades Park Commission,
31 Nassau Street.

New York, November 27, 1909.
Hon. Charles E. Hughes, Governor, Albany, N. Y.:

My Dear Sir. — Your communication of November 26th is
received and is most satisfactory to the Commission. We will
one and all get very busy now in an attempt to put this entire
3

66 Public Papers of Governor, Hughes

project in shape where you can use it to the best advantage at
the forthcoming session of the Legislature. We hope to have
something substantial to report on or before the ioth of De-
cember.

Very respectfully yours,
THE NEW YORK PALISADES PARK COMMISSION,
(Signed) By Geo. W. Perkins,

President.

Letter from George W. Perkins, President, etc., to Gov-
ernor Hughes, dated December 23, 1909

Office of the New York Palisades Park Commission,
31 Nassau Street.

New York, December 23, 1909.

Hon. Charles E. Hughes, Governor, Albany, N. Y.:

Dear Sir. — Referring to the recent correspondence between
yourself and the New York Palisades Park Commission, — at a
meeting of the Commission held this day I was authorized to
submit to you the inclosed copy of a letter addressed to me as
President of the Commission, in which a number of individuals
make a proposition to the New York Palisades Commission for
the extension of the Palisades park to the northward into
Orange and Rockland counties, and the development thereof.

I have the honor to inform you that the Commission has sig-
natures and assurances of signatures to this letter to the aggre-
gate sum of $1,500,000. These, together with the offer made
to the State by way of Mrs. Harriman's letter, transmitted to
you this day, of $1,000,000, make a total of $2,500,000 that will
be contributed to the undertaking by private individuals, pro-
vided the State deems it wise to adopt the suggestions to the
Palisades Commission, made by the individuals in question, as
set forth in the inclosure.

Awaiting any further advices or suggestions from you in the
matter, I have .the honor to remain,
Very respectfully yours,

(Signed) ' GEO. W. PERKINS,
President, The New York Palisades Park Commission.

Messages to the Legislature 67

Copy of Communication Enclosed with the Foregoing

Letter

New York, December , 1909.

Mr. George W. Perkins, President, Nezv York Palisades Park
Commission, New York City:

Dear Sir. — We understand that the Palisades Park Com-
mission has acquired for a park all the water frontage and land
extending to the top of the Palisades from Fort Lee to Pier-
mont ; that its plans include the constructing of a roadway along
the base of the cliffs through this park and the extension of the
park and roadway along the west shore of the Hudson to Stony
Point and thence northward into Rockland and Orange coun-
ties where it is hoped a large park can be established.

We understand that Mrs. E. H. Harriman has very gener-
ously offered to present to the State of New York, to be under
the jurisdiction of the Palisades Park Commission, upwards of
ten thousand (10,000) acres of land in Orange county for the
purpose of a State Park, and that she has further offered to-
contribute one million dollars ($1,000,000) to acquire additional
lands and build roads to develop such a park and connect it with
the park included in the plans of the Palisades Park Commis-
sion.

For the carrying out of the above large and comprehensive
plans we understand the Palisades Park Commission proposes
at once to secure a total fund of not less than five millions of
dollars ($5,000,000) to be used as follows :

. 1. To secure for park purposes the property along the river
from Nyack to Haverstraw, from the water back as far as may
be necessary to permanently prevent the defacement of the
river face of the property ;

2. To build a roadway along the base of the Palisades from
Fort Lee to Piermont through the property already secured by
the Palisades Park Commission ;

3. In some way to connect the park which now extends to
Piermont with the proposed park provided for in section 1 and
in turn to connect this with the State Reservation at Stony
Point ;

68 Public Papers of Governor Hughes

4. To connect at Stony Point with a park or highway north-
ward through Rockland and Orange counties to the park offered
by Mrs. Harriman; and to develop and enlarge the park, of-
fered by Mrs. Harriman.

Towards this fund we, the undersigned, agree to contribute
the sums set opposite our names upon the following conditions :

1. That in order that the Palisades Park Commission may be
able to carry out these plans and to receive and hold the land
and money offered the State by Mrs. Harriman, the Legisla-
ture extend the jurisdiction of the Palisades Commission to
the northward along the west bank of the Hudson river to New-
burgh, and to the westward as far as and to include the Ramapo
mountains, giving the Commission the same powers granted to
it at the time it was created and at the time its jurisdiction was
extended in 1906, including the right to condemn land for road-
way and park purposes ;

2. That the State of New York appropriate $2,500,000 to the
use of the Commission for the acquiring of land and the build-
ing of roads and general park purposes ;

3. That the State discontinue the work on the new State
prison located in Rockland county and relocate the prison where
in the judgment of the Palisades Park Commission it will not
interfere with the plans and purposes of the Commission.

4. That in addition to the aforesaid appropriation from the
State a further sum of $2,500,000, including Mrs. Harriman's
pledge of a million dollars, be secured on or before January 1,
1910.

5. That in addition to the above $5,000,000 the State of New
Jersey appropriate such an amount as the Palisades Park Com-
mission shall deem to be its fair share.

All payments under this pledge shall be made pro rata as
called for by the Commission.

Messages to the Legislature 69

Letter from George W. Perkins, President, etc., to Gov=
ernor Hughes, dated December 30, 1909

Office of the New York Palisades Park Commission,
31 Nassau Street.

New York, December 30, 1909.
Hon. Charles E. Hughes, Governor, Albany, New York:

Dear Sir. — Referring to Mrs. Harriman's gift of approxi-
mately 10,000 acres of land and $1,000,000 in money for the
establishment of a State park, I now have the honor to inform
you that the fund which the .Palisades Park Commission has
endeavored to raise for the purpose of supplementing Mrs.
Harriman's gift, in the manner indicated in the Commission's
last communication to you, has been complete so far as New
York State is concerned and partially as to New Jersey, and
the subscribers are as follows:

John D. Rockefeller $500,000

J. Pierpont Morgan 500,000

Margaret Olivia Sage 50,000

Helen Miller Gould 25,000

Ellen F. James and Arthur Curtiss James 25,000

Wm. K. Vanderbilt 50,000

George F. Baker 50,000

James Stillman 50,000

John D, Archbold 50,000

Wm. Rockefeller 50,000

Frank A. Munsey 50,000

Henry Phipps 50,000

E. T. Stotesbury 50,000

E. H. Gary 50,000

V. Everit Macy 25,000

Geo. W. Perkins 50,000

representing contributions from residents of New York, New
Jersey and Philadelphia.

Very respectfully yours,

(Signed) GEO. W. PERKINS,

President, Palisades Park Commission.

jo Public Papers of Governor Hughes

Letter from Governor Hughes to George W. Perkins,
President, etc., dated December 31, 1909

State of New York — Executive Chamber.

Albany, December 31, J909.

Hon. George W. Perkins, President, New York Palisades
Park Commission, 31 Nassau St,, New York City:

Dear Sir. — Your letter of the 23d instant referring to our
recent correspondence with respect to the plans of the New
York Palisades Park Commission and inclosing copy of a let-
ter addressed to you as its president, setting forth the condi-
tions of certain private subscriptions to aid in the furtherance
of these plans, and also your letter of the 30th instant giving
the names of the contributors and the amount of their proposed
gifts aggregating $1,625,000, has been received. The copies of
the map which you have had prepared, showing the contem-
plated extensions of the Palisades park and the proposed High-
land park, have been delivered.

I desire to express my appreciation of this result of your
efforts and of the notable generosity of the subscribers in aiding
so largely the consummation of a project of first importance to
the people. This action on their part will elicit a most grateful
response, and the gratification at this provision for the public
benefit cannot fail to increase as our population grows and the
advantages of such a recreation ground near the city of New
York become more and more apparent. I shall make announce-
ment of these gifts in my message to the Legislature, submit-
ting therewith the correspondence, and I shall be glad to recom-
mend that suitable legislation be enacted to meet the conditions
imposed by the subscribers and to carry out the plans which they
and the Palisades Park Commission have in view.

I have the honor to remain,

Very sincerely yours,

(Signed) CHARLES E. HUGHES.

Messages to the Legislature 71

SPECIAL MESSAGE (

Submitting to the Legislature Certified Copy of a Reso-
lution of Congress, Entitled " Joint Resolution Pro-
posing an Amendment to the Constitution of the United
States."

State of New York — Executive Chamber.

Albany, January 5, 19 10.
To the Legislature:

I have received from the Secretary of State of the United
States a certified copy of a resolution of Congress entitled
" Joint Resolution Proposing an Amendment to the Constitution
of the United States," and in accordance with his request I sub-
mit it to your honorable body for such action as may be had
thereon.

The amendment proposed by this joint resolution, adopted by
two-thirds of both houses of Congress, is as follows >

"Article XVI. The Congress shall have power to lay and
collect taxes on incomes, from whatever source derived,
without apportionment among the several States, and with-
out regard to any census or enumeration."

The power to lay a tax upon incomes, without apportionment,
was long supposed to be possessed by the Federal government
and has been repeatedly exercised. Such taxes were laid and
paid for the purpose of meeting the exigencies caused by the
Civil War.

In 1895, in the case of Pollock v. Farmers' Loan and Trust
Company (158 U. S. 601), the United States Supreme Court
decided that taxes on the rents or income of real estate, and
taxes on personal property or on the income of personal prop-
erty, are direct taxes and hence under the Constitution cannot
be imposed without apportionment among the several States
according to their respective populations.

It was not the function of the court, and it did not attempt,
to decide whether or not a Federal income tax was desirable. It

72 Public Papers of Governor Hughes

simply interpreted the Constitution according to the judgmenc
of the majority of its members and left the question of the ad-
visability of conferring such a power upon the Federal govern-
ment to be determined in the constitutional method.

The limitations so placed upon the Federal taxing power are
thus described by Mr. Justice Harlan in his dissenting opinion :

"Any attempt upon the part of Congress to apportion
among the States, upon the basis simply of their population,
taxation of personal property or of incomes, would tend to
arouse such indignation among the freemen of America,
that it would never be repeated. When, therefore, this
court adjudges, as it does now adjudge, that Congress can-
not impose a duty or tax upon personal property, or upon
income arising either from rents of real estate or from per-
sonal property, including invested personal property, bonds,
stocks, and investments of all kinds, except by apportioning
the sum to be so raised among the States according to
population, it practically decides that, without an amend-
ment of the Constitution — two-thirds of both Houses of
Congress and three-fourths of the States concurring —
such property and incomes can never be made to contribute
to the support of the national government. (Id., pp.
671, 2.) * * *

" Incomes arising from trades, employments, callings,
and professions can be taxed, under the rule of uniformity
or equality, by both the national government and the re-
spective State governments, while incomes from property,
bonds, stocks, and investments cannot, under the present
decision, be taxed by the national government except under
the impracticable rule of apportionment among the States
according to population. No sound reason for such a dis-
crimination has been or can be suggested." (Id., p. 680.)

I am in favor of conferring upon the Federal government the
power to lay and collect an income tax without apportionment
among the States according to population. I believe that this
power should be held by- the Federal government so as properly
to equip it with the means of meeting national exigencies.

Messages to the Legislature 73

But the power to tax incomes should not be granted in such
terms as to subject to Federal taxation the incomes derived
from bonds issued by the State itself, or those issued by*munic-
ipal governments organized under the State's authority. To
place the borrowing capacity of the State and of its govern-
mental agencies at the mercy of the Federal taxing power would
be an impairment of the essential rights of the State which, as
its officers, we are bound to defend.

You are called upon to deal with a specific proposal to amend
the Constitution, and your action must necessarily be determined
not by a general consideration of the propriety of a just Federal
income tax, or of giving to the Federal government the power to
lay such a tax, but whether or not the particular proposal is of
such a character as to warrant your assent.

This proposal is that the Federal government shall .have the
power to lay and collect taxes on incomes "from whatever
source derived."

It is to be borne in mind that this is not a mere statute to be
construed in the light of constitutional restrictions, express or
implied, but a proposed amendment to the Constitution itself
which, if ratified, will be in effect s grant to the Federal gov-
ernment of the power which it defines.

The comprehensive words, " from zvhatever source derived,"
if taken in their natural sense, would include not only incomes
from ordinary real or personal property, but also incomes de-
rived from State and municipal securities.

It may be urged that the amendment would be limited by con-
struction. But there can be no satisfactory assurance of this.
The words in terms are all-inclusive. An amendment to the
Constitution of the United States is the most important of polit-
ical acts, and there should be no amendment expressed in such
terms as to afford the opportunity for Federal action in viola-
tion of the fundamental conditions of State authority.

I am not now referring to the advantage which the States
might derive from the exclusive power to tax incomes from
property, or to the argument that for this reason the power to
tax such incomes should be withheld from the Federal govern-
ment. To that argument I do not assent.

74 Public Papers of Governor Hughes

I am referring to a proposal to authorize a tax which might
be laid in fact upon the instrumentalities of State government.
In order that a market may be provided for State bonds, and for
municipal bonds, and that thus means may be afforded for State
and local administration, such securities from time to time are
excepted from taxation. In this way lower rates of interest are
paid than otherwise would be possible. To permit such securi-
ties to be the subject of Federal taxation is to place such limita-
tions upon the borrowing power of the State as to make the per-
formance of the functions of local government a matter of
Federal grace.

This has been repeatedly recognized. In the case of The Col-
lector v. Day (n Wall, on p. 127), decided in 1870, the United
States Supreme Court said :

" It is admitted that there is no express provision in the
Constitution that prohibits the general government from,
taxing the means and instrumentalities of the States, nor is
there any prohibiting the States from taxing the means and
instrumentalities of that government. In both cases the ex-
emption rests upon necessary implication, and is upheld by
the great law of self-preservation ; as any government,
whose means employed in conducting its operations, if sub-
ject to the control of another and distinct government, can
exist only at the mercy of that government. Of what
avail are these means if another power may tax them at
discretion ? "

In the case of Pollock v. Farmers' Loan & Trust Co. (157
U. S. on pp. 584-5), Chief Justice Fuller said, referring to the
tax upon incomes from municipal bonds, one of the matters
there involved :

"A municipal corporation is the representative of the
State and one of the instrumentalities of the State govern-
ment. It was long ago determined that the property and
revenues of municipal corporations are not subjects of Fed-
eral taxation. * * * But we think the same want of
power to tax the property or revenues of the States or their
instrumentalities exists in relation to a tax on the income
from their securities."

Messages to the Legislature 75

In the same case Mr. Justice Field said (Id. on p. 601) :

" These bonds and securities are as important to the per-
formance of the duties of the State as like bonds an 1
securities of the United States are important to the per-
formance of their duties, and are as exempt from the taxa-
tion of the United States as the former are exempt from
the taxation of the States."

And the learned Justice added, quoting from United States v.
Railroad Co. (17 Wall, on pp. 322, 327) as follows:

" The right of the States to administer their own affairs
through their legislative, executive, and judicial depart-
ments, in their own manner through their own agencies, is
conceded by the uniform decisions of this court, and by the
practice of the Federal government from its organization.
This carries with it an exemption of those agencies and in-
struments from the taxing power of the Federal govern-
ment. If they may be taxed lightly, they may be taxed
heavily; if justly, oppressively. Their operation may be
impeded and may be destroyed, if any interference is per-
mitted. Hence, the beginning of such taxation is not al-
lowed on the one side, is not claimed on the other."

While the justices of the court in the Pollock case differed in
opinion upon the question whether a tax upon income from
property was a direct tax and as such could not be laid without
apportionment, they were unanimous in their conclusion that no
Federal tax could be laid upon the income from municipal bonds.
Mr. Justice White, who dissented in the Pollock case with re-
gard to other questions, as to this said (157 U. S. on p. 652) :

" The authorities cited in the opinion are decisive of this.
question. They are relevant to one case and not to the
other, because, in the one case, there is full power in the
Federal government to tax, the only controversy being
whether the tax imposed is direct or indirect ; while in the
other there is no power whatever in the Federal govern-
ment, and, therefore, the levy, whether direct or indirect, is
beyond the taxing power."

76 Public Papers of Governor Hughes

It is certainly significant that the words, "from whatever
source derived," have been introduced into the proposed amend-
ment as if it were the intention to make it impossible for the
claim to be urged that the income from any property, even
though it consist of the bonds of the State or of a municipality
organized by it, will be removed from the reach of the taxing
power of the Federal government.

The immunity from Federal taxation that the State and its
instrumentalities of government now enjoy is derived not from
any express provision of the Federal Constitution, but from
what has been deemed to be necessary implication. Who can
say that any such implication with respect to the proposed tax
will survive the adoption of this explicit and comprehensive
amendment?

We cannot suppose that Congress will not seek to tax incomes
derived from securities issued by the State and its municipali-
ties. It has repeatedly endeavored to lay such taxes and its
efforts have been defeated only by implied constitutional re-
striction which this amendment threatens to destroy. While we
may desire that the Federal government may be equipped with
all necessary national powers in order that it may perform its
national function, we must be equally solicitous to secure the
essential bases of State government.

I therefore deem it my duty, as Governor of the State, to
recommend that this proposed amendment should not be ratified.
(Signed) CHARLES E. HUGHES.

Messages to the Legislature jj

No. 1111

UNITED STATES OF AMERICA

Department of State

To all to zvhom these presents shall come, Greeting;

I certify that the copy hereto attached is a true copy of a reso-
lution of Congress, entitled " Joint Resolution Proposing an
Amendment to the Constitution of the United States," the origi-
nal of which is on file in this Department.

In testimony whereof, I, P. C. Knox, Secretary of
State, have hereunto caused the Seal of the De-
partment of State to be affixed, and my name to be
subscribed by the Chief of the Bureau of Citizen-
ship of the said Department, at the City of Wash-
ington, this 27th day of July, 1909.
P. C. KNOX,

Secretary of State.

by R. W. FLOURNOY, Jr.,

Chief, Bureau of Citizenship.

Sixty=first Congress of the United States of America

At the First Session.

Begun and held at the City of Washington on Monday, the fif-
teenth day of March, one thousand nine hundred and nine.

JOINT RESOLUTION

Proposing an amendment to the Constitution of the
United States.

Resolved, by the Senate and House of Representatives of
the United States of America in Congress assembled (two-
thirds of each House concurring therein), That the following
article is proposed as an amendment to the Constitution of the

78 Public Papers of Governor Hughes

United States, which, when ratified by the legislatures of three-
fourths of the several States, shall be valid to all intents and
purposes as a part of the Constitution:

"Article XVI. The Congress shall have power to lay
and collect taxes on incomes, from whatever source de-
rived, without apportionment among the several States,
and without regard to any census or enumeration.''
J. G. CANNON,
Speaker of the House of Representatives.

J. S. SHERMAN,
Vice-President of the United States and
President of the Senate.
Attest :

. A. McDowell,

Clerk of the House of Representatives.
Charles G. Bennett,

Secretary.
by Henry H. Gilfry,
Chief Clerk.
I certify that this joint resolution originated in the Senate.
CHARLES G. BENNETT,

Secretary.
by HENRY H. GILFRY,

Chief Clerk.

Relating to the Gift of Land at Crown Point Comprising
the Ruins of Fort St. Frederic and Fort Amherst

State of New York — Executive Chamber.

Albany, April 4, 1910.
To the Legislature:

It is my privilege to communicate to your honorable body
another offer to make an important gift to the State of New
York.

Witherbee, Sherman & Company (Incorporated) of Port
Henry, propose to convey to the State the tract of land at

Messages to the Legislature 79

Crown Point, about twenty-five acres in extent, which com-
prises the ruins of the fortifications known as Fort St. Frederic
and Fort Amherst. This offer is made in the following letter :

Directors Directors

F. S. Witherbee, President W. C. Witherbee, Treasurer

E. A. S. Clarke, Vice-President L. W. Francis, Secretary
Wallace T. Foote, Jr. Moses Taylor

H. B. Willard, Cashier

H. E. Kidder, Asst. Cashier

R. J. Bigley, Shipping Supt.

Port Henry Office. Established 1849.

Witherbee, Sherman & Company
(Incorporated)

IRON ORE, PIG IRON, PHOSPHATES

Port Henry, N. Y., March 25, 1910.
Hon. Charles E. Hughes, Governor, Albany, New York:

" Dear Sir. — Among the most interesting historical ruins of
the country are those at Crown Point, opposite the village of
Port Henry on Lake Champlain.

" Witherbee, Sherman & Company, Incorporated, who have
conducted their business of iron mining in the vicinity for over
sixty years, have secured possession of these ruins and desire
to present them, through you, to the State of New York for
the purpose of creating a State park to preserve them for all
time. The tract, comprising about twenty-five acres, is located
in a commanding position at the end of a long peninsula and
contains the well preserved ruins of two important fortifications
known as Fort St. Frederic and Fort Amherst.

" Though small in area, the proposed park is as rich and pre-
eminent in historical interest as any locality in this country.
Along the shores constant strifes, as far back as legendary his-
tory goes, have occurred between hostile Indian tribes for pos-
session of that part of our country and within its borders very
likely was fought the far-reaching battle of Samuel de Cham-
plain with the Iroquois.

80 Public Papers of Governor Hughes

" The French are supposed to have occupied a point of land
within its borders and to have erected a stockhouse there, as
early as 1690. They constructed in 1731 an important fortifica-
tion at this point, which they named Fort St. Frederic after
Frederic de Maurepas, French Secretary of State. The English,
disputing their claim to this territory, determined that for the
protection of their settlements in New England and New York,
they must control it, and Crown Point was therefore the theatre
of many stirring events during the French and Indian wars,
which finally resulted in the retreat of the French from the
valley of Lake Champlain and practically from the continent
of America.

" Of Fort St. Frederic little remains today, except the earth-
works and the crumbled walls of the old fort. On the occu-
pation of the English, the very extensive Crown Point or
Amherst fortifications were started in 1759 and completed
sometime thereafter, and the barracks and earthworks still
standing in excellent condition are a lasting monument of the
thorough work of construction.

" It is estimated by some historians that as high as £2,000,000
sterling were expended by the French and English govern-
ments in the construction of these two fortifications.

" Around these fortifications and partly within the limits of
this little park, can be seen the evidences of paved streets and
many houses, and there existed here during the Colonial and
Revolutionary periods a village perhaps the most important
and largest between Albany and Montreal. A legend, partly
confirmed by historical documents, is current that the English
tried to win over the ' Green Mountain Boys ' during the
Revolutionary War, by promising them a separate province
under practically the same form of government as that of
Canada, the southern boundary of which would have passed
through Skeensborough (now Whitehall) and the capital of
which would have been this village of Crown Point.

" Our corporation have felt that these ruins, which are per-
haps the most extensive and best preserved of any in this coun-
try — with the possible exception of the fortress of San Marco
in St. Augustine, Florida — should pass into the hands of the

Messages to the Legislature 8i

State of New York and we tender this gift for the purpose of
creating a State park, which shall be open forever to the public,
and it is our expectation that — if accepted — the State will
make suitable provision to protect the ruins from spoliation to
the end that they may be preserved in their present condition,
so far as may be, for all time.

" Very respectfully yours,

" WITHERBEE, SHERMAN & COMPANY,
" Incorporated.

" By F. S. WlTHERBEE,

" President."

It is most desirable that these ruins, of such extraordinary
interest, should belong to the people of the State and should be
properly cared for in their interest. We have recently cele-
brated the three-hundredth anniversary of the discovery of
Lake Champlain, and we have fittingly commemorated the
course of events which through savage strife and the rivalries
of foreign powers led ultimately to the establishment of the
Nation. This celebration has quickened the desire to preserve
the priceless memorials of these fateful struggles ; and we
should most heartily congratulate ourselves that private gener-
osity has provided this opportunity, and that patriotic sentiment
has inspired this noteworthy act of beneficence on the part of
the business men who are associated in the donor corporation.
They deserve and will receive the sincere thanks of the people,
and I take pleasure in recommending that your honorable body
take appropriate action for the acceptance of the gift and for
the preservation of the property in accordance with its provi-
sions.

I submit to you herewith copies of the conveyances which
have been placed in my hands, awaiting your action.

(Signed) CHARLES E. HUGHES.

82 Public Papers of Governor Hughes

Recommending Investigation into Legislative Practices
and Procedure and into the Use of Corrupt or Im=
proper Means for the Promotion or Defeat of Legis=
lation; and Submitting a Report Made by the Super=
intendent of Insurance.

State of New York — Executive Chamber.

Albany, April n, 1910.
To the Legislature:

I place before you a report which has been made to me by
the Superintendent of Insurance. While the Superintendent is
armed with power to examine witnesses- and to compel the
production of books and papers in proceedings within the scope
of his departmental action, he has come upon certain suggestive
facts apparently lying outside his official cognizance and of a
character to be adequately dealt with only through means which
your honorable body is competent to authorize.

The revelations in the inquiry recently conducted by the
Senate and the facts brought to light by the Superintendent of
Insurance make it imperative that there should be a thorough
investigation with respect to legislative processes and as to the
corrupt practices which have been effectual in advancing or
blocking legislation. It is not necessary for me to review these
disclosures or to attempt to appraise their cumulative effect. It
is sufficient to say that they have caused every honest citizen
to tingle with shame and indignation and have made irresistible
the demand that every proper means should be employed to
purge and to purify.

It is the high privilege of the Legislature, in the discharge
of its obligations to itself and to the people of the State, to
follow the salutary action already taken in its upper branch by
appropriate steps for the exposure and destruction of combina-
tions and conspiracies against the just use of the law-making
power and by providing suitable protection against the recur-
rence of such abuses. This is a promising opportunity to pursue
the opening trails of corruption, to reveal illicit methods and
agencies, to uncover the perfidious influences which have dis-
honored the State and thus to aid in securing the wholesome
exercise of its beneficent authority.

Messages to the Legislature 83

It is the unquestioned prerogative of the Legislature to in-
quire into the course of legislation, the integrity of legislative
procedure and the means by which its action has been procured
or frustrated. In this there is no usurpation or confusion of
function, but the proper safeguarding of the legislative power.
The Legislature is entitled to know how, wherein and by whom
it has been deceived and its powers perverted.

Important as will be the wholesome and corrective influence
of publicity with respect to these matters, the purpose and result
of inquiry extend beyond the bounds of mere disclosure. We
are far from perfection in legislative method.' Nor have we
exhausted available measures of protection against traffic in
legislation and chicanery in dealing with bills. No subject
deserves more thorough consideration to the end that the
opportunities of those who are willing to buy legislative favor
or to use representative powers for personal profit should be
limited to the utmost degree. It may be impossible wholly to
eradicate these evils, but to the extent that the nature of the
illicit intercourse is understood, and the methods and instru-
mentalities which have been successful are exposed, there may
be intelligent effort at remedial action through both statutes and
legislative rules. The time is ripe, in my judgment, for a full
and painstaking inquiry to expose the worst of public wrongs
and to prepare the way for needed improvements in our laws
and legislative processes.

I therefore recommend an immediate, impartial, thorough
and unsparing investigation into legislative practices and pro-
cedure and into the use of corrupt or improper means for the pro-
motion or defeat of legislation, such inquiry not to be limited
to but suitable to embrace the matters adduced in the recent
proceeding by the Senate and those presented by the report
herewith submitted of the Superintendent of Insurance, in order
that, so far as evidence may be obtainable, the' actual facts may
be known, that there may be a full understanding of the
methods and agencies employed in connection with legislative
proposals and that well-considered recommendations for ap-
propriate remedies may be made.

(Signed) CHARLES E. HUGHES.

84 Public Papers of Governor Hughes

State of New York — Insurance Department.

Albany, April 8, 1910.
To the Hon. Charles E. Hughes, Governor, Albany, N. Y.:

Sir. — On March 18, 1910, a public investigation of the
expenses of insurance companies, from 1900 to 1910, inclusive,
particularly in connection with legislation, was begun at the
New York offices of this department. The testimony and ex-
hibits therein, together with a formal report, will later be trans-
mitted to you. The character of the facts developed and the
nature of the difficulties encountered in conducting the investi-
gation further seem to make it proper that I at this time lay
before you the following summary:

An examination of the Phcenix Insurance Company of
Brooklyn, begun last October, brought to light a mass of cor-
respondence seeming to disclose an intimate relation between
the president of that company and legislation affecting fire
insurance companies during the last decade. The material thus
revealed suggested an examination of the books and records of
several other companies and, in January of this year, such ex-
amination was ordered. This examination showed that very
considerable sums of money had been paid by a large number
of domestic fire insurance companies, and disbursed by or
through the president of the Phcenix Company in promoting
or retarding legislation.

The facts thus developed formed a basis for further enquiry,
with the result that, on March 18th, a public investigation,
under the authority conferred by section 39 of the Insurance
Law, was commenced. Inasmuch as the expenses of life insur-
ance companies in connection with legislation had been quite
generally developed by the legislative investigation of 1905, it
was not thought either expedient or necessary to devote much
time to an enquiry into the disbursements of companies of this
character. Indeed, with possibly a few exceptions, only such
facts as showed disbursements by life companies which were not
brought out in 1905 form a part of the record of this investiga-
tion.

The result of the investigation thus far warrants the follow-
ing statements :

Messages to the Legislature 85

I. Legislative expenditures in New York by insurance com-
panies authorized to do business in this State were particularly
conspicuous in the years 1901, 1903, 1904, 1905, 1906 and 1909,
and notably significant in two or three of such years.

II. These disbursements were made (a) by individual com-
panies, in connection with legislation affecting such companies,
(b) by syndicates of companies apparently willing to do the
work for all, and (c) by the New York Board of Fire Under-
writers, a corporation supported by annual assessments on prac-
tically all of the companies doing business in New York, such
assessments being based on premium income, and whose com-
mittee on laws and legislation is, by its by-laws, charged with
the responsibility of watching over legislative affairs.

III. The moneys so paid were disbursed for (a) traveling
expenses of individuals and delegations, (b) annual and special
retainers of regular counsel, (c) so-called retainers of legis-
lative lawyers, (d) contributions to political committees,
(e) gifts or payments to men of political prominence and
influence, and (f) entertaining legislators and others, at times
in a somewhat lavish manner. The aggregate of disburse-
ments of this character, as the record now stands — such dis-
bursements being largely from the treasuries of fire insurance
companies — approximates and probably exceeds $150,000.

IV. The disbursements for traveling expenses and to counsel
for services in the preparation of briefs and the presentation of
arguments to legislative committees are, doubtless, legitimate.
It has not, however, yet been possible to examine into certain
large disbursements of this kind made, from 1901 to 1906,
inclusive, to regular counsel resident in New York City. The
size, frequency and limited distribution of payments to so-called
lawyers and legislative agents resident in Albany are suspicious,
and seem to call for further enquiry through an investigation
of broader range than is possible under section 39 of the In-
surance Law. Particularly is this true of a fund of $10,000,
raised by four companies in 1903; a fund of $15,000, raised
and disbursed in 1904 ; and funds of $5,000 each, disbursed in
1905 and 1909, respectively. A disbursement of $8,311.98 by
the New York Board of Fire Underwriters in 1901, and an
auxiliary fund of $5,000, raised by certain of the companies

86 Public Papers of Governor Hughes

contributory to that board, in the same year, have been largely
accounted for. The facts developed as to these various funds
prove that some of the moneys went to the Republican State
Committee, in recognition of the interest of certain members
of such committee at the time various bills were passed; some
to prominent politicians; some to past members of the Legis-
lature, supposedly of influence; and a large portion to a legis-
lative agent, formerly connected with the Insurance Department
of the State of New York, whose disbursements of such funds
are sufficiently characterized in his own correspondence, but
whose memory seems lapsed, whose books are apparently non-
existent, and an inspection of whose bank account has been
denied. Numerous items of proof, however, warrant the in-
ference that some of the moneys thus disbursed went further
than the persons to whom they were paid by the representative
of the insurance interests.

V. Several witnesses offered proof of direct propositions
made by so-called lobbyists looking to the payment of money to
such persons, that it might be by them distributed amongst
members of past Legislatures.

VI. Instances of the attempted collection of funds for the
purpose of contributing to the campaigns of legislative candi-
dates were also developed.

VII. Much was also elicited as to so-called " strike " bills,
and the log-rolling of such bills in and out of committees, re-
sponsive to the influence oif lobbyists and legislative agents,
often, apparently, that they might either prove their usefulness
or exact larger contributions from their dupes.

VIII. Similarly, numerous instances evidencing the holding
up of meritorious bills and the threatened passage of bad bills,
until the desired consideration reached the bank accounts of
the middle men, were also developed.

In short, while absolute proof showing the transit of money
from the bank account of an insurance company into the hands
or the bank account of a legislator is lacking, the record of
the investigation as thus far made up warrants the statement
that, during the past decade, particularly in the first five years
of such decade, a system of bill-killing and law-getting has

Messages to the Legislature 87

existed which is a reproach to the people of the State. That
such system existed prior to 1900 is also apparent from the facts
developed on the investigation.

During the progress of the investigation, the chief witness
frequently refused to answer questions ; thereby making himself
liable for contempt under section 61 of the Public Officers Law.
He also served a notice upon his principal bank of deposit, the
result of which was that such bank declined to produce a
transcript of his account, which it had been subpoenaed to pro-
duce. It was not thought essential to the development of the
facts that the investigation proper be halted to compel the
answering of questions and the production of books. Nor is
it doubted that, under existing law, such testimony and produc-
tion can be compelled.

A difficulty, apparently insuperable, has, however, developed.
The books of the Phoenix Insurance Company showed that,
while the chief witness in this investigation was a member of
the Insurance Department of this State, such company had
loaned him $13,000, on the collateral of 100 shares of the Inter-
national Banking & Trust Company. The latter company was
the successor in interest of the American Bond and Mortgage
Guarantee Company, to which a special charter, giving
extraordinary powers — some of them of an insurance nature —
had been voted by the Legislature of 1900. Enquiry into this
transaction suggested the importance of a careful investigation
of the books of certain financial institutions now out of business,
to the end that the circumstances surrounding the acquisition
of portions of such stock by this witness and others might be
spread upon the record. Again, a notice was served which, in
effect, prevented an examination of such books; and further
progress along this line was thus, for the time, blocked. The
testimony of a voluntary witness, however, threw a strong light
upon the methods followed by those who sought special charters,
with wide corporate powers, from the Legislatures of several
years ago.

Likewise, further enquiry into certain facts — developed as
the result of a suggestion made by the counsel of former Sena-
tor Conger — seems to be not only effectively blocked, but, also,

88 Public Papers of Governor Hughes

probably improper. Ellingwood & Cunningham were, from
1900 to about March, 1905, a stock brokerage house, operating
in New York. A petition in bankruptcy was filed against them,
and a settlement made with their creditors. Their books, papers
and records, however, remained in the possession of James W.
Cunningham, one of the members of the firm. For about five
years prior to the failure of this firm, one G. Tracy Rogers —
who at that time seems to have been the legislative representa-
tive at Albany of the traction interests — was a special partner
in the firm.

A subpcena served upon Mr. Cunningham resulted in his
placing in the possession of the Superintendent of Insurance
three large loose-leaf ledgers, covering the transactions of his
firm from 1900 to March, 1905, inclusive. He also gave in-
formation as to the existence and character of the other books,
papers and records of such firm, and promised to make the
same available. An examination of such ledgers developed the
existence therein of accounts with several former members of
the Legislature, some of whom had been active on the insur-
ance and rules committees. Mr. Cunningham was, therefore,
asked to take the stand and give evidence tending to develop
whether any of the transactions with such members had to do
with moneys disbursed by insurance companies. His examina-
tion at once made it very doubtful whether further inquiry could
properly be made under section 39 of the Insurance Law.

The accounts referred to, however, together with the testi-
mony of the witness Cunningham — both read in connection
with the accounts on such books of G. Tracy Rogers and others
associated with him — warrant a strong suspicion that such
books, to an extent at least, had been a clearing house for finan-
cial transactions connected with legislation during the period
mentioned.

Thus far, thirteen accounts have been examined, nine of
which appear to have been with those who were members of the
Legislature at that time, and four with persons prominently
associated with legislative affairs or in the same coterie of polit-
ical influence. Several other accounts, particularly those of
G. Tracy Rogers and of syndicates or partnerships of which he
was a member, have also been found in such books.

Messages to the Legislature 89

Among the significant facts disclosed in the thirteen accounts
just mentioned are the following:

1. Several of the accounts either have their origin or„become
active near the close of the legislative sessions of 1900 or 1901.

2. Some of such accounts show credits of cash in consider-
able amount, at about the time the Legislatures of those years
adjourned.

3. In some instances, these credits show that they resulted
from a cash or a check payment by G. Tracy Rogers, or through
a transfer from his account.

4. In two or three of the accounts, credits of cash, some-
times from or through the account of G. Tracy Rogers, were
offset almost immediately by cash withdrawals.

5. Some of the accounts show purchases and short sales,
evidencing the possession by the person interested of inside
information as to prospective operations through manipulations
in Wall Street.

6. In one account, numerous unexplained entries were made,
showing withdrawals by one of the persons mentioned, at a time
when he was a heavy debtor of the firm.

7. In a considerable number of accounts appear transactions
in stock indicated by the word " Trans ", which seems to mean
the stock of either the New York Transportation Company or
the New York Electric Vehicle Transportation Company; two
corporations at that time closely allied and ultimately merged
under the name of the former. By chapter 657 of the Laws
of 1900, it became possible for the first . mentioned company
greatly to extend its franchise in the City of New York.
Coincident with the passage of this bill, several of the persons
whose names appear in these books seem to have acquired blocks
of this stock. The books do not furnish complete information
as to such acquisition, but the significance of some of the
dates — they being almost coincident with the final action taken
by the Legislature on the bill which ultimately became chapter
657 — is notable. Equally notable is the fact that, when several
of these blocks were sold by this brokerage house, in 1901, the
price realized seems to have been more than double the market
price of such stocks at that time.

90 Public Papers of Governor Hughes

There are also minor peculiarities about these accounts which
suggest investigation, as, for instance: (a) In several accounts,
the absence of cash or margin credits at times of purchases;
(b) in one of the accounts, the rebating of a considerable sum
of interest; and (c) the apparent fact that some of the accounts
show large debit balances at the time of the failure of the
brokerage house, but seem not to have since been pressed for
payment.

Certain of the accounts in these ledgers show a close connec-
tion between G. Tracy Rogers and the Metropolitan traction
interests in New York City. The character of the securities
dealt in frequently recalls legislation urged or retarded at about
the same time.

In short, these books — together with the memoranda, check
stub books, checks and correspondence of this firm — seem to
call for further investigation and enquiry. When an effort was
made so to do, objection thereto was raised by an attorney, who
had not previously been the counsel of the witness and who
declined to be sworn when an attempt was made to ascertain
his connection, if any, with interests represented by G. Tracy
Rogers.

It is not apparent that the Superintendent of Insurance, as
such, has power, under section 39, to proceed further with this
phase of the pending investigation. For that reason, the facts
thus far developed and the books and papers now in my pos-
session are thus laid before you.

Respectfully submitted,

(Signed) WILLIAM H. HOTCHKISS,

Superintendent of Insurance.

Messages to the Legislature 91

Urging the Passage of a Suitable Measure for the Cor-
rection of Primary Election Abuses

State of New York — Executive Chamber. *

Albany, May 26, 19 10.
To the Legislature:

I am informed by the Temporary President of the Senate
that Assembly bill No. 2552, entitled "An act to amend the
Election Law, in relation to the enrollment of party voters,
nominations, primaries, conventions and party committees, and
repealing certain sections relating thereto," was yesterday passed
in the Senate, and having previously been passed in the Assem-
bly, will come before me for action. The bill, however, has not
yet reached the Executive Chamber and it may not come into
my hands before your adjournment.

I have examined the. provisions of this bill and I deem it
important that before the adjournment of your honorable body
you should be advised of my views with respect thereto and of
the fact that for the reasons stated below the bill will not receive
my approval.

The bill to which I have referred is not a grant but a denial
of needed primary reform.

It provides for State-wide enrollment ; but it gives to the en-
rolled voter, who does not make politics his vocation, scant op-
portunity for effective participation in the decisions of his party.

It provides for an official primary ballot ; but its provision is
of a sort to facilitate domination by party managers and thus to
protect the plans and purposes of those who seek, through the
control of the nomination of party candidates, to make the
administration of government serve the interests of themselves
and their allies.

This measure is in the interest of a system which experience
condemns and fails to give promise of relief from methods
which have caused widespread and constantly increasing protest.
Its good provisions are offset by those that are bad. Instead of
putting party managers under suitable check and giving to the
party voters the decisive voice, it places the party voters in the
virtual control of the party managers.

92 Public Papers of Governor Hughes

The test is found in the situation of the enrolled voters on
primary day. Under this bill what can the enrolled voter do
with the elaborate machinery that is provided for the primary?
Can he express his choice as to a single candidate of his party
for public office ? Not one. Can he say whom he desires to be
the party candidate for a State office, or for election to Congress,
to the State Senate or Assembly, or even to any of the offices
within his own county ? Not at all. He is invited to participate
in the selection of a host of delegates about whom, in ordinary
case, he will know nothing, and of whose choice of candidates
he has no satisfactory assurance.

Upon the official ballot he will find :

" Delegates to State convention, delegates to congressional
convention, delegates to judicial district convention, delegates to
senatorial district convention, delegates to county convention,
delegates to assembly district convention, delegates to city con-
vention, delegates to any other convention in such order as the
custodian of primary records shall determine " in addition to
members of committees.

The voter's rights, with all this complicated mechanism osten-
sibly for his protection, come to the selection of those inter-
mediaries who, as experience shows, are generally the mere
counters of political leaders.

The matter is made worse by the arrangement of the ballot.
The bill provides for a division of the ballot into columns so
that the delegates to the various conventions, proposed by the
organization, shall be found in one column at the extreme left
and may be voted for by a single mark in a circle at the top of
the column. The rivals for selection as delegates are to be
placed in other columns with similar provision for straight
voting.

This is designed to facilitate straight voting and, coupled with
the use of the delegate system, to ensure control by the party
managers of the nomination of candidates for public office. The
voters are not only debarred from directly expressing their
wishes as to particular candidates for nomination to public
office, but even as to the choice of delegates the machinery is
contrived against them in the interest of the party managers.

Messages to the Legislature 93

Contests under this plan are likely to be more with respect to
party leaders, with all the power which is ensured to them, than
with respect to candidates for public office. This puts d pre-
mium upon factional strife and the play of selfish interest,
instead of giving freer course to intelligent and independent
opinion within the party.

It is further provided that "the name of a person shall not
appear more than once on the ballot as a candidate for the same
party position," so that even if the delegates for one convention,
proposed by the organization, are satisfactory, they cannot be in-
cluded in another column, and the very fact that they are desir-
able makes more difficult the opposition to delegates proposed
for other conventions. Whatever may be the propriety of such
a restriction with respect to a properly arranged ballot, it is
manifestly indefensible in connection with the ballot of the sort
proposed by this bill.

I shall not attempt to enter into a consideration of the minor
imperfections of the bill to which I have referred, as in my
judgment it is structurally unsound and should not be treated as
a proper measure of reform.

I desire again to direct the attention of your honorable body
to the gravity of the questions involved and to express the hope
that before adjournment you will provide for a suitable measure
for the correction of primary abuses and thus respond to what I
believe to be a just and urgent demand of the people of the
State.

(Signed) CHARLES E. HUGHES.

94 Public Papers of Governor Hughes

TO THE EXTRAORDINARY SESSION

Recommending an Amendment to the Law Relating to
Primaries, the Making of Suitable Provision for Di =
rect Nominations of Candidates for Public Office, the
Giving of Authority for the Investigation into Cor=
rupt and Improper Practices in Connection with
Legislation and Consideration of the Best Means to
Provide Additional Revenue for the State.

State of New York — Executive Chamber.

Albany, June 20, 1910-
To the Legislature:

I have convened you in extraordinary session in order that
appropriate action may be taken with regard to matters which I
believe to be of first importance to the interests of the people
of the State.

First. — I recommend for your consideration the subject of
the amendment of the law relating to primaries, the making of
suitable provision for direct nominations of candidates for
public office, and, in connection therewith, provision for rep-
resentative and responsible party management.

The people are dissatisfied with existing conditions and de-
mand a change. Whatever may be said of imperfections in
the laws relating to this matter in other jurisdictions, there
can be no question but that these laws reflect a wholesome
sentiment which is country-wide and cannot be denied. That
sentiment is that the instrumentalities of party management
shall not be so arranged as to facilitate the purposes of those
who would subvert government to their selfish advantage. It
is a sentiment that demands for the members of political
parties simple and direct methods by which they can exercise
their just rights in determining party choices. It insists that
the work and preferences of party managers shall be brought
to the test of party opinion freely expressed, to the end that
leadership that dishonors the party may be more readily over-
thrown, and that it may be easier to give effective support to
honest party management in the public interest.

Messages to the Legislature 95

The people in this State, as well as elsewhere, are not dis-
posed to tolerate a continuance of a system which experience
condemns because it fosters an alliance between business and
politics and tends to make departments of government the servi-
tors of those they are intended to control. The need is to give
this sentiment proper expression in well-devised measures.

The essentiality of parties in the working of our system of
government, and the necessity of strong and capable party or-
ganization, make it of first consequence that these instruments
of democracy should not be used against itself. The more loyal
one is to his party and the stronger his conviction of the import-
ance of his party's principles and policy, the more keenly must
he resent perversion of its counsels and deprecate the alienation
by reason of their resentment at despotic control of those
who form the strength of its electorate. This applies to all par-
ties, for the greatest danger to any party is to lose the moral sup-
port and enthusiasm of its rank and file and the cordial interest
of its intelligent and unselfish members who cannot make politi-
cal activity a vocation. Methods that produce and support
oligarchy are destructive of the party health.

The wider the extension of governmental work, the more im-
portant becomes the question of its quality, its economy and
efficiency. The larger our outlays the more important it is to se-
cure disinterested service and to relieve the public officer from
obligation to those who would use the departments of govern-
ment as a base of supplies in maintaining control of party ma-
chinery. The more complete the supervision of the exercise of
public franchises and of the operations of business closely re-
lated to the public interest, the more important is it to secure
fairness and impartiality in the exercise of administrative au-
thority.

We must safeguard the purity of the ballot and protect our
general elections from violence and fraud; but to secure the
administration of government upon a sound basis, we must in-
sist not only upon proper methods on election day, but a fair and
free opportunity within the party on primary day.

The reform which has been urged for your consideration is
not impractical or visionary. It consists of provision for enroll-
ment of the party voters, for a fair and suitably arranged official

96 Public Papers of Governor Hughes

primary ballot, and for a proper opportunity to the party voter
to express directly his choice in the selection of candidates for
public office, and also in the selection of those who, holding
party positions, may submit recommendations with respect to
candidates. I .believe that opportunity should be provided to
those who have been chosen to represent the party to make their
recommendations and thus to secure to the party the advantage
of their conference and open advice. But the decision should
not rest with the party managers. The delegate system in the
main operates to give the decision to the managers while cloak-
ing their responsibility under the form of a choice by the repre-
sentatives of the party voters. The members of the party
should have the substance and not merely the form. While, as
I have frequently said, public opinion under our existing system
wins its victories now and then in exceptional cases, these victo-
ries are won against unnecessary odds. These obstacles should
be removed.

The bill which was passed at the recent session I was unable
to approve for the reason stated in my special message upon
that subject. A measure providing for a system of direct nom-
inations of candidates for elective offices, including the candi-
dates for State offices for which all the electors of the State are
entitled to vote, was, much to my regret, defeated in both
houses. For I believe that this measure, with its careful pro-
vision to give due place to the proper working of party organiza-
tion while enforcing the rights of the party voters, would have
accomplished genuine reform. I have not changed my belief
with respect to the advisability of this measure, and I trust it
may yet commend itself to the judgment of the Legislature.

Another measure was introduced which, proceeding along the
same lines and adopting the same basic principles, was applicable
to the nomination of candidates for members of Congress, for
the Senate and Assembly and for numerous county officers.
This bill was passed in the Senate in the closing days of the re-
cent session, but being brought to a vote on the eve of adjourn-
ment, failed of passage in the Assembly. While the measure
did not go as far as I believe we should go, nevertheless it rep-
resented a substantial reform. And its failure to secure the ap-

Messages to the Legislature 97

proval of both branches of your honorable body has left a con-
dition which should be remedied without delay.

Next fall we elect the executive officers of the State,* mem-
bers of Congress, an entire new Legislature and many county
officers. We shall not again have as important an election for
two years, and it will be four years before there will be another
election at which State issues will have the same degree of rela-
tive importance.

In my judgment proper action at this time should be taken to
meet the insistent demand for a suitable system of direct nomi-
nation of candidates for public office. And I earnestly urge this
subject for your most serious consideration.

In submitting this matter I include whatever further measures
may be found advisable to safeguard' both primary and general
elections.

Second. — I further recommend for your consideration the
subject of giving a more ample authority for the investigation
into corrupt and improper practices in connection with legisla-
tion.

The disclosures of the past session in the inquiry held by the
Senate, and the results of the examinations conducted by the
Superintendent of Insurance, created a general conviction that
there should be a full and complete investigation with regard to
abuses of legislative methods. In my message to the Legisla-
ture of April 11, 1910, I recommended that provision should be
made for an inquiry which should be immediate, impartial, thor-
ough and unsparing. A concurrent resolution has been adopted
by your honorable body for the appointment of a legislative
committee of investigation. An examination of this resolution,
however, has led me to the conclusion that it is important to the
public interest that the authority of the committee should be en-
larged.

No one can favor the exploiting of baseless rumors or the
subjection of the innocent to unjust and harrowing suspicion:
but on the other hand every effort should be made to disclose
and, if possible, to punish those who have perpetrated through
legislative corruption the greatest wrongs from which the State
can suffer. It is due to the people of the State that those who

4

98 Public Papers of Governor Hughes

have betrayed their trust or have poisoned the springs of gov-
ernment should be uncovered and branded, and that whether or
not this result can be attained, the adequacy of the measures
taken to that end should be such as to secure the public con-
fidence.

Your committee cannot act outside its powers, and, with re-
spect to a subject not confided to it, it will possess no authority
and it can compel no evidence. A committee with proper power
may use its discretion reasonably to prevent its inquiry from be-
ing made an instrument of injustice; but it should have the
power essential to accomplish the purpose of its being.

The resolution provides specifically for the investigation of
" all corruption and corrupt practices shown to exist by the
evidence in the recent investigation had before the Senate of the
State of New York," and " all matters indicating corrupt prac-
tices in connection with legislation which have developed in the
recent investigation conducted by the Superintendent of Insur-
ance."

It is well that the matters thus referred to should be the sub-
ject of inquiry. But the interest of the people of the State is
not confined to an investigation of the corruption shown in the
Senate proceedings or indicated by matters developed in the ex-
amination conducted by the Insurance Superintendent. It is
just as important that corruption should be exposed' whether or
not it was brought to light or indicated in those particular in-
vestigations.

But with respect to other corrupt practices, not so shown or
indicated, the resolution provides that the committee is to pro-
ceed upon a " specific charge, verified upon knowledge of cor-
rupt practices, or official misconduct in connection with legisla-
tion or the legislature or with any matter or proceeding before
any state department, board, body or officer."

I have not overlooked the general clause of the resolution re-
lating to any other matters pertaining to the conduct of the busi-
ness of the State and its officers, but there is danger that its
general words may be deemed limited by the specific language
above mentioned with respect to corrupt practices. In such a
matter there should be no ambiguity.

Messages to the Legislature 99

The resolution further provides that " any person charged
with official misconduct shall be entitled to be represented by
counsel and to subpoena and examine and cross-examine > wit-
nesses." It thus contemplates with respect to such matters a
virtual trial upon specific charges verified upon knowledge by
those who present them. This provision is of such a character,
and the probability of specific charges verified upon knowledge
being presented is so slight, that it would seem likely that the
actual investigation by the committee of corrupt practices would
be limited to what was shown in the Senate inquiry or developed
before the Superintendent of Insurance.

I believe that this is a mistake, and that the purposes that
your honorable body had in view in providing for an investiga-
tion will be attained only by giving such authority to the com-
mittee that it may neither be ignored nor be defied, trusting to
its discretion to conduct the investigation in a thorough and at
the same time just and reasonable manner.

It should also be remembered that the function of the com-
mittee is to investigate " to the end that such remedial legislation
may be enacted or change of method in the conduct of public
business be adopted as will prevent a recurrence of any abuses
or evils disclosed." To accomplish this result I believe it would
be better for the committee to proceed as an investigating com-
mittee, and hot be resolved by a required course of procedure
into a trial court.

I also question the wisdom of limiting the power of the com-
mittee with respect to charges of official misconduct against
candidates for office to those that may be received before Sep-
tember 1, 1 910. This may be questioned quite as much in the
interest of those unjustly accused as in the interest of the peo-
ple at large. If charges sufficiently grave to warrant the atten-
tion of the committee are currently reported, it will not help
matters that they may not be the subject of investigation by the
committee. If on the other hand the charges are mere baseless
rumors designed unjustly to affect a candidate for office, the
power of the committee to make a prompt examination wilt tend
not only to discourage their circulation, but will afford an in-
stant opportunity to expose their worthlessness.

ioo Public Papers of Governor Hughes

I make this recommendation to the end that nothing should
v be lost through want of power or thoroughness, and believing
that a proceeding conducted broadly and with directness at this
opportune time will not only result in an improvement of meth-
ods with respect to legislative action and procedure but also pro-
tect the honor and dignity of officers of government who, in
the main, in and out of the Legislature, are honorably striving
to do their duty, and who detest and desire to eradicate the cor-
rupt and improper practices of the few, by which they are in-
volved in an unjust and common reproach.

Third. — ■ I also recommend for your consideration the subject
of the financial condition of the State and the best means to pro-
vide additional revenue.

The bills passed this year contain appropriations (exclusive of
trust funds and bond issues) amounting to $46,970,571.93. De-
ducting the contributions made from the general fund, in lieu
of direct tax, to the sinking funds for the highway and canal
debts ($2,655,600), the remaining appropriations reached the
total of $44,314,971.93.

In his last annual report the State Comptroller estimates the
income of the State for the fiscal year ending September 30,
1910, at about $34,000,000. This is doubtless a conservative
estimate, and with the additional receipts which are expected
under the new Motor Vehicle Law it is fair to assume that the
income for the current fiscal year will be about $36,000,000.

In the appropriation bills passed by the Legislature, I have
disapproved items amounting to $4,713,747.67, reducing the
amount of the appropriations (exclusive of contributions to the
sinking funds) to $39,601. ,224. 26. But to ascertain the entire
charge upon our income, the contributions to the sinking funds
($2,655,600) must be added to the appropriations as approved,
and we thus have a total of $42,256,824.26.

This is from $5,000,000 to $6,000,000 in excess of the amount
which we have a right to assume will be received by the State,
during the next year, as income available to meet the appropria-
tions to which I have referred.

In dealing with this situation we ought not to look entirely
to the State's surplus moneys for they are no greater than we
should have as a reserve against contingencies.

Messages to the Legislature ioi

It has been the practice covering a long period of years to
determine the " surplus " at the close of each fiscal year by
making the following adjustments: After deducting appropria-
tions in force from cash on hand, there has been added the ag-
gregate of expenditures on account of the immediately available
appropriations which have been made at the legislative session
of that year. This addition has been in accordance with the
bookkeeping principle of referring all appropriations at a given
session to the accounts of the next fiscal year. The fact should
be considered, however, that the making of a large amount of
appropriations immediately available, and their expenditure be-
fore September thirtieth in a given year, may thus greatly aug-
ment the amount of " surplus " as determined at the end of
that year. The bookkeeping principle referred to has had the
sanction of long-continued custom and affords a valuable basis
of comparison, but in determining the amounts of money act-
ually available at a given time we must consider the amount
expended up to that time and the appropriations then in force.

On September 30, 1908, our actual cash surplus, after deduct-
ing the appropriations then in force, amounted to $9,350,408.96.
To this were added the appropriations made by the Legislature
of 1908 expended before September 30, 1908 ($3,507,375.10),
making the surplus at the end of the fiscal year $12,857,784.06.

During the fiscal year ending September 30, 1909, instead of
receiving the customary $9,000,000, or more in liquor taxes, the
State received only about $5,000,000. This was due to a change
in the date for issuing liquor tax certificates, but it had the effect
of reducing our balance on September 30, 1909, by about $4,-
000,000. The surplus at the end of the year, computed in the
customary way, amounted to $8,481,023.53. The actual cash
balance, however, after charging the appropriations in force,
was only $2,656,241.77, the remainder ($5,824,781.76) being the
addition of the appropriations of 1909 which were expended
before September 30th of that year.

In his last annual report, the State Comptroller has estimated,
after charging all the appropriations in force on October 1, 1909,
that our available cash on September 30, 1910, will be $6,002,-
389.37. But this estimate is made without adjustment either to
take account of the appropriations of 1909 which may remain

102 Public Papers of Governor Hughes

unexpended on September 30, 1910, or of the appropriations
made at the recent session which will be expended before the
latter date.

It may well be that our surplus at the close of the current
fiscal year will be found to be as large as that at the end of the
last fiscal year, and, our actual cash balance may indeed be
greater than the balance we then had. But in view of the
amounts that have been appropriated, to be immediately avail-
able, it is clear that we cannot assume that our available moneys
will be any greater than the sum we must maintain as a working
balance, and we must make our financial arrangements accord-
ingly.

The demands upon administration are continually increasing.
There is not the slightest ground for the expectation that the
people of the State will permit any substantial reduction of our
activities. The interests of agriculture and of labor, the de-
mands of education and of public charity, the protection of pub-
lic rights with respect to public possessions and the instrumental-
ities of intercourse, the making of suitable provision for the just
settlement of controversies with those holding public privileges
and the safeguarding of the community against its exploitation,
the execution of the police powers to guard health and safety,
require numerous administrative facilities which cannot be with-
held, and the tendency unquestionably will be to increase rather
than to diminish them. This will be not only because of the
needs due to increase of population, but by reason of the con-
stantly growing demand for improved governmental methods
and for more humane and enlightened service along lines that
are commonly accepted as being within the proper scope of
governmental action.

The number of those who should be cared for in our hospi-
tals for the insane is now increasing, I am informed, at the rate
of about one thousand a year. On the basis of three thousand
to a hospital, this would mean a new hospital every three years.
Several of our hospitals are now shockingly overcrowded. We
are enlarging the accommodations at Kings Park, Central Islip
and Ward's Island. We have started the new Mohansic Hospi-
tal and still another will soon be provided. The demands on the

Messages to the Legislature 103

part of our charitable institutions for increased accommodations,
for betterments to secure the ends for which they were estab-
lished, as well as for necessary up-keep, are very heavy.. Our
prisons are overcrowded. We have two new prisons under way.
We are constructing a new State Education building for which,
and the new power plant, the sum of $1,500,000 has been appro-
priated this year.

Our policy with respect to road improvement carries with it
not merely the construction of new roads but road maintenance,
which under existing conditions of travel and by reason of neg-
lect in the past requires large expenditures, destined annually
to increase as additional roads are provided.

We build our State institutions, hospitals, charitable institu-
tions, prisons and public buildings out of income. No private
business would charge its income as does the State. I do not
object to this policy so far as public buildings and institutions
are concerned, for the demand for new ones, for betterments
and improvements is so great from all parts of the State that
the necessity of providing for them out of income affords a
check which, though irritating to many good citizens who would
prefer still more rapid progress, is undoubtedly wholesome in its
restraint.

But the fact remains that paying for these additions to the
permanent holdings of the State out of income, imposes upon
our annual resources a very serious burden in addition to that
created by the necessities of administration. The buildings and
improvements we now have in course of construction call for
very large amounts of money, and undoubtedly as these are com-
pleted, other demands now postponed will have to be reckoned
with.

Our income is derived from indirect taxation. In our esti-
mate for the current year we find that, taking the $31,000,000
expected outside of miscellaneous receipts, over $29,000,000 is
estimated to come from the liquor tax, corporation taxes, in-
heritance tax and stock transfer tax.

When the bond issues for the canal and highway improve-
ments were voted, the people under the constitutional provision
authorized a direct tax sufficient to provide an amount annually

104 Public Papers of Governor Hughes

which would take care of the interest and pay the principal of
the bonds at maturity. In recent years this direct tax has not
been levied and contributions from the general receipts of the
State have been made to the sinking funds. By the legislation
of last year the excessive amount previously required was re-
duced to the actual need. But even with this reduction we ap-
propriate this year out of the general funds $2,655,600 to these
sinking funds in lieu of a direct tax. As the canal and highway
improvements proceed and larger issues of bonds are made, the
amount required annually for the sinking funds will be so large
that it will be absolutely impracticable to make the contributions
from the general fund. In four or five years the annual require-
ment, if all the bonds are issued, as is expected, will probably be
as high as $8,000,000. It may not be necessary at this time, in
view of the smaller amount of the contributions now required,
to go back to a direct tax for this purpose, but it will soon be
necessary. I may add that my reflection upon this matter has
led me to the conclusion that when the people authorize a bond
issue upon a basis of a direct tax to pay the bonds, that direct
tax should be imposed.

The question recurs, however, what should be done to meet
the difference between the estimated income for the next year
and the appropriations.

With this in view the Legislature passed Assembly bill No.
2560, entitled "An act to amend the tax law, relative to taxable
transfers." From such information as I have, I doubt whether
the provision made by this bill would be adequate to meet the
exigency, but this aside, the bill is open to serious objections.

This is not because the bill provides for what is called a " pro-
gressive inheritance tax." Such a method of taxation has, I
believe, the support of sound economists and of intelligent pub-
lic opinion.

The objection lies to the method of graduation. The pro-
gressive rate appears to depend not upon the amount of prop-
erty or interest received by the individual transferee, but upon
the size of the whole estate passing to those who are not ex-
empted from the provisions of the law.

Messages to the Legislature 105

As the law stood prior to 1892 the Court of Appeals held that
the aggregate amount of the estate should not be considered in
determining whether a tax should be imposed, but instead the
specific share passing to the individual transferee. But in the
revision of 1892 the word " property " was defined to mean the
property passing or transferred, not that portion of it received
by an individual transferee ; "thus making the limitation of the
statute apply to the aggregate value of the property tran?
ferred, not to the separate value of each several transfer.''

This definition is not changed by the bill to which I have re-
ferred, and it would seem that the sections relating to the pro-
posed graduated tax must be construed accordingly.

The bill provides that the tax imposed with respect to col-
lateral relatives and strangers shall be seven per cent if the value
of the property does not exceed $100,000; eight per cent if it ex-
ceeds $100,000 and does not exceed $250,000; and ten per cent
if it exceeds $250,000. In the case of those within section 221
of the Tax Law, including father, mother, husband, wife, child,
brother and sister, the tax of one per cent is imposed if the prop-
erty is of the value of $10,000 or more and does not exceed
$100,000 ; two per cent if it exceeds $100,000 and does not ex-
ceed $250,000; and five per cent if it exceeds $250,000.

Hence under this bill it would seem that persons who stand in
the same relation to two decedents and receive legacies of pre-
cisely the same amount will pay inheritance taxes at different
rates according to the size of the estate left by the decedents
respectively.

This method of graduation has been condemned as opposed
to sound policy.

Our present law, having no system of graduation but distin-
guishing merely between those intimately related to the deceased,
and collaterals and strangers, does not evoke the sense of injus-
tice as would inevitably the new system.

The. objections to such a system are forcibly stated in the
opinion of the United States Supreme Court, in the case of
Knowlton v. Moore. (178 U. S. p. 76) denying the contention
that the rate of tax under the Federal War Revenue Act of

106 Public Papers of Governor Hughes

1898 was measured by the whole estate. With respect to this

contention the court said :

" In other words, the construction proceeds upon the as-
sumption that Congress intended to tax the separate lega-
cies, not by their own value, but by that of a wholly distinct
and separate thing. But this is equivalent to saying that
the principle underlying the asserted interpretation is that
the house of A, which is only worth one thousand dollars,
may be taxed, but that the rate of the tax is to be deter-
mined by attributing to A's house the value of B's house,
which may be worth a hundredfold the amount. The gross
inequalities which must inevitably result from the admission
of this theory are readily illustrated. Thus, a person dying,
and leaving an estate of $10,500, bequeaths to a hospital ten
thousand dollars. The rate of tax would be five per cent,
and the amount of tax five hundred dollars. Another per-
son dies at the same time, leaves an estate of one million
dollars, and bequeaths ten thousand dollars to the same in-
stitution. The rate of tax would be 12^2 per cent, and the
amount of the tax $1,250. It would thus come to pass
that the same person, occupying the same relation, and tak-
ing in the same character, two equal sums from two differ-
ent persons, would pay in the one case more than twice the
tax that he would in the other. In the arguments of coun-
sel tables are found which show how inevitable and pro-
found are the inequalities which the construction must pro-
duce. Clear as is the demonstration which they make, they
only serve to multiply instances afforded by the one ex-
ample which we have just given. * * *

" It may be doubted by some, aside from- express consti-
tutional restrictions, whether the taxation by Congress of
the property of one person, accompanied with an arbitrary
provision that the rate of tax shall be fixed with reference
to the sum of the property of another, thus bringing about
the profound inequality which we have noticed, would not
transcend the limitations arising from those fundamental
conceptions of free government which underlie all constitu-
tional systems. On this question, however, in any of its

Messages to the Legislature 107

aspects, we do not even intimate an opinion, as no occasion
for doing so exists, since, as we understand the law, we are
clearly of opinion that it does not sustain the construction
which was placed on it by the court below."

The propriety of a progressive inheritance tax is abundantly
supported by the report of the Special Tax Commission of this
State, transmitted to the Legislature in January, 1907. This
Commission which was broadly representative in character, was
composed of Warner Miller, Samuel H. Ordway, Edwin R. A.
Seligman, Thomas F. Grady, Merton E. Lewis, George R.
Malby, Martin Saxe, Spencer K. Warnick, C. Fred Boshart,
Sherman Moreland, Charles W. Mead, George M. Palmer and
Arthur C. Wade.

The report of the Commission, while proposing a progressive
inheritance tax, strongly condemned the method of graduation
proposed by the present bill. The Commission said :

" Before deciding upon the rate of graduation, however,
we must decide on the method. This involves the question
as to whether the tax is to be levied and computed upon the
entire estate transferred, as is the plan of the present New
York law; or upon the individual's share coming to the
recipient, which is the plan adopted by the more modern
statutes of Wisconsin and California. The only substantial
reason for assessing and computing the tax upon the entire
estate, rather than upon the individual share received, is
that greater revenue is thereby produced. We think, how-
ever, that this objection to taxing the individual share re-
ceived can be overcome by so arranging the rates and per-
centages as to produce equally good results. On the other
hand, reasons of fairness and justice, as well as sound
theory, are on the side of the assessment and computation
of the tax upon the individual share received. For recip-
ients who belong to precisely the same class and receive
precisely the same amount will thereby in all cases pay
precisely the same tax ; whereas, if the percentage of tax
were determined by the size of the estate, one of such a
class might be compelled to pay far more than another.

108 Public Papers of Governor Hughes

For example, if the rate of tax is three per cent to collateral
relatives, in the case of small estates, rising to fifteen per
cent to such relatives in the case of very large estates, a
cousin who receives a legacy of $1,000 from a man of
moderate means would have to pay a tax of only $30 upon
it ; whereas, a similar cousin of a man of great wealth who
receives a similar legacy of $1,000, would have to pay a
tax of $150 upon it. It was because of precisely such dis-
crimination as this that the first progressive inheritance
tax law, passed in Wisconsin in 1899, was declared uncon-
stitutional; and while it perhaps cannot be claimed to be
unconstitutional in this State, such a state of affairs is cer-
tainly unjust and to be avoided. * * *

" The reservation by the Supreme Court of the United
States of its decision upon this important constitutional
question affords, in our opinion, a controlling reason why
the method which the Supreme Court has declared to
involve ' profound inequality ' should not be adopted, and
why, on the other hand, the method approved by the
Supreme Court, and which we now advocate, should be
adopted.

" There is another reason, which we may perhaps call a
sociological one, for the adoption of the plan which we
advocate, namely, the calculation of the tax upon the
amount coming to the individual recipient, rather than upon
the entire estate. The result of this plan is to make the tax
somewhat less severe where an estate is divided among a
number of beneficiaries, than in cases where it is left to a
single legatee. We think it will be generally agreed that it
is desirable that enormous fortunes should be widely dis-
tributed, and not handed down to a single recipient to be
increased and constantly to grow to even greater size. Our
States have never tolerated the law of primogeniture. We
believe there is a strong public opinion in favor of the
diffusion of estates. We believe, therefore, that the adop-
tion of the plan here recommended, by reducing to some
extent the tax to be paid where a large estate is divided
among many recipients, will tend in some measure at least

Messages to the Legislature 109!

to the diffusion of the enormous wealth which has been
heaped up by some of our more successful fellow citizens.
" The introduction of the plan of grading the tax By the
size of the estate leads to these inequalities and is, in our
opinion, a sufficient reason for changing the plan of com-
puting the tax upon the entire estate, which has existed in
New York for several years. For these reasons, therefore,
your Commission recommends that the tax be assessed and
computed upon the individual share received, rather than
upon the whole estate."

The approval of the bill which has passed the Legislature, with
the inequalities involved in the practical operation of the law,
would, I believe, lead to such general dissatisfaction as would
speedily bring about its repeal, even if its validity were upheld.

On the other hand, the passage of a bill for a progressive
inheritance tax with a suitable method of graduation which
would appeal to the common sense of fairness might solve, in
some degree, and perhaps altogether, the question of procuring
the needed increase in revenues. The extent to which it would
afford additional income is, of course, difficult to estimate with
precision.

I do not wish to withhold from you the consideration of other
means of raising revenue, but submit to you the entire matter,
urging upon you the necessity of making immediate provision
to meet the outlays that have been authorized.

(Signed) CHARLES E. HUGHES.

no Public Papers of Governor Hughes

TO THE EXTRAORDINARY SESSION

Recommending an Appropriation for the Expenses of
the Session

State of New York — Executive Chamber.

Albany, July i, 1910.
To the Legislature :

I recommend for your consideration the subject of making
suitable appropriation for the expenses of this session.

(Signed) CHARLES E. HUGHES.

Resignation of the Governor

State of New York — Executive Chamber.

Albany, October 6, 1910. At 3.45 p. m.

To the Legislature :
I hereby resign the office of Governor.

(Signed) CHARLES E. HUGHES.

Ill

VETOES

[mi

Ill

VETO MESSAGES

Directing the Adjutant=General to Deliver the Battle
Flag of the Twelfth Regiment of New York State Vol-
unteers to the Veteran Volunteer Association of the
Said Regiment

§tate of New York — Executive Chamber.

Albany, February 19, 1910.
To the Senate:

I herewith return, without my approval, Senate Bill No. 61,
entitled "An act directing the adjutant-general of the state of
New York to deliver the battle flag of the twelfth regiment of
New York state volunteers, which was presented to said regi-
ment by the ladies of Syracuse, New York, to the Veteran Vol-
unteer Association of said regiment, by depositing the same in
the Onondaga county clerk's office."

With respect to this bill, the Adjutant-General has filed a
statement with me as follows:

" General Headquarters, State of New York,
" Adjutant-General's Office,

" Albany, February 18, 1910.

" Honorable Charles E. Hughes, Governor of the State of
New York, Executive Chamber, Albany, N. Y .:

" Sir. — I have the honor to submit the following brief rela-
tive to Senate Bill, Int. No. 61, Printed No. 61, introduced by
Mr. Holden, 'An act directing the adjutant-general of the state
of New York to deliver the battle flag of the twelfth regiment
of New York state volunteers, which was presented to said
regiment by the ladies of Syracuse, New York to the Veteran
Volunteer Association of said regiment, by depositing the same

[113]

ii4 Public Papers of Governor Hughes

in the Onondaga county clerk's office,' passed by the Senate
February 2nd, by the Assembly February 3rd, and referred to
you for action February 10th.

" The following data is based on ' New York in the War of
the Rebellion ' compiled by the late General Frederick Phisterer.
This publication is considered authentic particularly with refer-
ence to origin of organization and muster of commands for
service in the War of the Rebellion.

" Page 384, the sketch of the 12th Regiment of Infantry,
refers to such organization as the Onondaga Regiment, Inde-
pendence Guard, The Dozen. These names apply to different
periods of the existence of the command.

" The following is a record of the original organization :

" Co. A was organized at Syracuse, April 23rd, 1861, and
arrived at Elmira May 2nd, 1861.

" Co. B was organized at Syracuse, April 26th, 1861, and
arrived at Elmira May 2nd, 1861.

" Co. ,C was organized at Syracuse, April 26th, 1861, and
arrived at Elmira May 2nd, 1861.

" Co. D was organized at Homer, Cortland Co., April 23rd,
1861, and arrived at Elmira May 2nd, 1861.

" Co. E was organized at Syracuse April 26th, 1861, and
arrived at Elmira May 2nd, 1861.

" Co. F was organized at Liverpool, N. Y., April 24th, 1861,
and arrived at Elmira May 2nd, 1861.

" Co. G was organized at Canastota April 25th, 1861, and
arrived at Elmira May 2nd, 1861.

" Co. H was organized at Syracuse April 26th, 1861, and
arrived at Elmira May 2nd, 1861.

"Co. I was organized at Syracuse April 26th, 1861, and
arrived at Elmira May 2nd, 1861.

" Co. K was organized at Batavia April 24th, 1861, and
arrived at Elmira May 2nd, 1861.

" Elmira was the point of mobilization of organizations in the
upper part of the State. While the companies may have been
organized at different points the command as a whole was mus-
tered into the United States service at Elmira, the term of ser-
vice being for three months. Subsequent changes in the organi-

Vetoes

"5

zation of the regiment and the units composing it were very
great. On February 8th, 1862, companies of the 12th Militia
organized in New York City, joined the battalion of five com-
panies of this regiment, the 12th New York Volunteers.

" It must therefore be considered that interest in this color
and for its preservation is not local in the City of Syracuse
but extends over a large portion of the State.

" The present condition of this color is such that its very
preservation and existence will depend upon its retention by
The Adjutant-General of the State. The silk is so badly worn
and tattered that exposure or slight handling would soon destroy
its very existence.

" The policy of the State, endorsed by the Grand Army of the
Republic, has been to deny all such requests for the transfer of
the battle flag to the custody of others. Thousands and thou-
sands of visitors, descendants of War veterans, visit the capitol
to look at the colors carried by their parents.

" I would therefore request your disapproval of this measure.
" Respectfully,

"(Signed) NELSON H. HENRY,

" The Adjutant-General."

The objections set forth by the Adjutant-General seem to me
conclusive, and the bill is therefore not approved.

(Signed) CHARLES E. HUGHES.

Making Certain Appropriations for the Maintenance and
Support of Great Meadow Prison

State of New York — Executive Chamber.

Albany, April 5, 1910.
To the Assembly:

In the case of Assembly Bill No. 267, entitled "An act making
an appropriation for the maintenance and support of Great
Meadow prison, and for farm stock, equipment and supplies
therefor," I have objected to certain items of appropriation of

n6 Public Papers of Governor Hughes

money, and have approved the other portion of the bill. The
items to which I have objected are set forth in a statement
which I appended to the bill at the time of signing it, and a copy
of such statement I transmit to you herewith.

(Signed) CHARLES E. HUGHES.

State of New York — Executive Chamber.

Albany, April 5, 19 10.
Statement

The following items of appropriation of money contained in
Assembly Bill No. 267, entitled "An act making an appropria-
tion for the maintenance and support of Great Meadow prison,
and for farm stock, equipment and supplies therefor," are ob-
jected to and not approved for the reason that they are un-
necessary at this time. The items are:

" For salary of director of agricultural department, three
thousand five hundred dollars ($3,500)."

" For horses, wagons and harnesses, two thousand eight hun-
dred dollars ($2,800)."

" For cattle, pigs and poultry, two thousand dollars ($2,000)."

Pursuant to section 9 of article IV of the Constitution, I
obj ect to each of the above mentioned items contained in said
•bill while approving of the other portion of the- bill, and I append
this statement to the bill at the time of signing it.

(Signed) CHARLES E. HUGHES.

Vetoes 117

Changing the Name of Grace Methodist Episcopal
Church to " Van Alst Avenue Methodist Episcopal
Church "

State of New York — Executive Chamber.

Albany, May 17, 1910.
To the Assembly:

I herewith return without my approval Assembly Bill No.
1567, entitled "An act to change the name of Grace Methodist
Episcopal church of the borough of Queens, city of New York,
to Van Alst Avenue Methodist Episcopal church of the borough
of Queens, city of New York."

The object of this bill can be accomplished under the pro-
visions of the General Corporation Law, relating to proceedings
to change the name of a corporation.

(Signed) CHARLES E. HUGHES.

Authorizing the Maple Grove Cemetery Association to
Accept a Gift or Bequest

State of New York — Executive Chamber.

Albany, May 23, 1910.
To the Assembly:

I return herewith without my approval Assembly Bill No.
2480, entitled "An act to authorize The Maple Grove Cemetery
Association of Worcester, Otsego county, to accept a gift or
bequest for the purpose of caring for a certain cemetery lot
situate without the boundaries of the cemetery of such associa-
tion."

This bill authorizes the Maple Grove Cemetery Association to
accept a gift or bequest from an individual named of an amount
in trust to use the income for the care and improvement of a
certain private burial lot. It is unnecessary special legislation.
It is entirely competent for the donor to create a trust for this
purpose under section 13a of the Personal Property Law as

n8 Public Papers of Governor Hughes

amended by chapter 218 of the Laws of 1909, and there is no
reason why a bill should be passed merely to enable him to con-
stitute a particular cemetery association as a trustee.

Indeed, it may be doubted whether the bill would carry out
the real intention of the donor, as it expressly provides that the
trust shall end in case the Maple Grove Cemetery Association
disbands or its functions as a cemetery association cease, and
that then the balance of the trust fund remaining shall be paid
to the heirs at law of the donor if they can be found, and other-
wise " shall be paid into the treasury of the State of New York."

The bill is disapproved.

(Signed) CHARLES E. HUGHES.

Conferring Jurisdiction Upon the Court of Claims to
Hear and Determine the Alleged Claim of John M.
Shultz

State of New York — Executive Chamber.

Albany, May 24, 1910.
To the Assembly:

I return herewith without my approval Assembly Bill No.
1063, Senate reprint No. 1366, entitled "An act to confer juris-
diction upon the court of claims to hear, audit and determine
the alleged claim of John M. Shultz against the State for dam-
ages alleged to have been sustained by him and to render judg-
ment therefor."

This bill confers jurisdiction upon the Court of Claims to
hear and determine a particular claim. Such bills are opposed
to sound policy. The jurisdiction of the Court of Claims should
be governed by general rules applicable impartially, and not by
legislation in favor of particular claimants.

(Signed) CHARLES E. HUGHES.

Vetoes i 19

Amending the Code of Civil Procedure Concerning an
Appeal to the Court of Appeals from a Judgment or
Order of the Appellate Division of the Supreme Court

State of New York — Executive Chamber.

Albany, May 24, 1910.
To the Assembly:

I return herewith without my approval Assembly Bill . No.
434, entitled "An act to amend the code of civil procedure, in
relation to the filing of all papers in each action or proceeding
in the same file, or bundle, and relative to the record on appeals
to the court of appeals."

This bill proposes to amend the Code of Civil Procedure so
as to provide as follows :

" Upon an appeal to the court of appeals from a judgment
or order of the appellate division of the supreme court, the
opinion of the appellate division, if any, shall, for the purpose
of the appeal, be deemed to be a part of the judgment-roll or
appeal papers."

This bill, in my judgment, instead of simplifying our State
practice, would tend to promote confusion.

For example, section 1338 of the Code of Civil Procedure
provides that a reversal of a judgment on the report of a referee
or a determination in the trial court, shall be presumed to have
been made on the law and not on the facts " unless the contrary
clearly appears in the record body of the judgment or order
appealed from." Where the reversal has been on the facts it
is a simple matter for the Appellate Division to say so explicitly
in the order of reversal, and the question should not be left
to conflicting inferences drawn from the language of the
opinion.

(Signed) CHARLES E. HUGHES.

120 Public Papers of Governor Hughes

Amending the Public Lands Law in Relation to Grants
of Land Under Water

State of New York — Executive Chamber.

Albany, May 24, 1910.

To the Assembly:

I return herewith without my approval Assembly Bill No.
652, Senate reprint No. 1365, entitled "An act to amend the
public lands law, in relation to grants of land under water."

This bill proposes an amendment to the Public Lands Law
to confer authority upon the Commissioners of the Land Office
to accept surrenders or reconveyances of lands under water
heretofore granted to proprietors of adjacent lands for the pur-
poses of commerce and thereupon to make grants to such pro.-
prietors on proper terms for beneficial enjoyment or for agri-
cultural purposes.

It has been urged that it is thus intended to give a power to
the Commissioners which formerly was supposed to exist, and
that if exercised in favor of those who under certain circum-
stances have taken grants for purposes of commerce instead of
grants for beneficial enjoyment, it will promote the development
and security of industries.

On the other hand it is suggested that the purpose intended
to be accomplished is to lay a basis for persuading the Land
Board to make grants for beneficial enjoyment ostensibly in the
interest of the proprietors of certain lands along the Hudson,
and on terms suitable from that point of view, while in fact the
grants would enure to the benefit of the New York Central &
Hudson River Railroad Company under transfers from the
grantees pursuant to arrangements to be made or already made.

Whatever may be the merits of these suggestions, there is a
fundamental question involved which this bill brings before us
for consideration. Lands under water belonging to the State,
particularly in the lower part of the Hudson and along West-
chester county and Long Island, are possessions of the greatest
importance to the people of the State and should be parted with
only on conditions absolutely safeguarding the common interest.

Our statutory scheme of dealing with lands under water is

Vetoes . 121

not satisfactory. In 1899 Governor Roosevelt in a letter to the
Land Board said : " It seems to me questionable policy to alien-
ate the land of the State. Would it not be better to lease*it for
a fixed term of say twenty-five years with power of renewal,
or what conditions are deemed best ? I don't say definitely that
this course is the right one to follow, but I would like your
Board to consider what is the proper policy to pursue."

We are making important public improvements, and further
improvements of vast import to our future prosperity are in
contemplation. The development of water powers, the regula-
tion of streams and the improvement of navigation will of
necessity raise many questions with regard to the rights of the
State in lands under water and the compensation which must be
paid by the State where private rights are impaired in the prose-
cution of public works. The State should sedulously guard
whatever may now be its own and should in every way protect
itself against improvident grants.

In saying this I intend no reflection upon the Commissioners
of the Land Office, who I am informed are now considering
these questions. I desire to direct attention to an inadequate
system which we should be solicitous to improve.

Before making further grants for beneficial enjoyment there
should be a careful examination to ascertain the present rights
of the State in lands under water and the effect of grants here-
tofore made. There should be careful statutory provision re-
quiring adequate scrutiny and appraisement in cases of applica-
tions for grants, and wherever rights are granted there should
be provision for such compensation, and for such revaluation
at stated periods, and for such limitations as will secure to the
State the returns which are proper for the privileges it gives
and also suitable reversionary rights in case the State or
municipalities may need the property for public purposes.

It cannot be doubted that the policy pursued in the past,
although thought sound at the time, has entailed serious losses.
This measure continues it and enlarges its possibility of evils,
at a time when a new and wiser policy should be adopted.

(Signed) CHARLES E. HUGHES.

122 Public Papers of Governor Hughes

VETO MEMORANDA
Statement of Appropriations

State of New York — Executive Chamber.

Albany, June' 18, 1910.

The total appropriations (exclusive of re-
appropriations, payments from sinking funds,
from trust funds, and from proceeds of bond
sales, and bond issues) which have been made
by the Legislature this year amount to $46,970,571 93

These include contributions
from the general fund in
lieu of direct tax to :

Canal debt sinking fund $1,601,100 00

Highway debt sinking fund. . 1,054,500 00

'■ 2,655,600 00

The amount of the other appropriations is. . . . $44,314,971 93
The bills and items disapproved by me amount to 4,713,747 67

Making the total of appropriations (exclusive

of sinking fund contributions) as approved. . $39,601,224 26
As compared with the total

appropriations of 1909, as

approved $36,242,129 69

Which included contributions

to canal and highway debt

sinking funds of 2,097,200 00

34,144,929 69

Increase of 1910 over 1909 $5,456,294 57

I have filed memoranda giving the reasons for my action upon
the various appropriations. The bills which I have approved
cover appropriations for the State hospitals for the insane, for

Vetoes

123

charitable institutions, for prisons, and for education, including
our existing agricultural schools, and the appropriations for these
purposes which I have disapproved could not, in my judgment,
be properly allowed at this time.

The items and bills disapproved by me are as follows :

Supply bill $1,283,949 1 1

General appropriation bill .... 77,600 00

Fish Hatchery, Eemus Point

Drafting legislative bills, etc

Refund to town of Rye

Albany armory

Newburgh armory

Geneva armory, land

Mt. Vernon armory

Malone armory

47th Regiment armory

Olean armory

Fire Island park-

Herkimer land purchase

Fredonia Normal School

Potsdam Normal School

Albany Normal College

Agricultural Experiment Station

Reimbursing Frederick Skene

West Canada Creek, dredging :

Tonawanda Creek improvement

Keuka Lake, outlet, dredging

Powell Creek dredging

Mill and Long Creek dredging

Black River improvement

Delaware River dykes, Highland

Delaware River dykes, Port Jervis

Mohawk River dyke ,

Cornell University School of Sanitary Science.

Syracuse University College of Forestry

Canal survey

$i.36i,549 "
10,000 00

3,500 00

6,949 76
150,000 00
150,000 00

4,600 00
87,000 00
80,000 00
100,000 00
87,000 00
15,000 00
15,000 00
30,000 00
80,000 00
40,000 00
30,000 00

5,478 80
75,000 00

5,000 00
20,000 00
20,000 00

5,000 00

100,000 00

10,000 00

35,000 00

7,500 00
10,000 00
55,000 00

5,000 00

124 Public Papers of Governor Hughes

Wood Creek improvement $3,ooo oo

New Agricultural School at Bainbridge, Che-
nango county 50,000 00

New Agricultural School at Cobleskill, Scho-
harie county 50,000 00

New Agricultural School, Long Island 50,000 00

New Agricultural School at Delhi, Delaware
county 50,000 00

New Agricultural . School at Middletown,

Orange county 50,000 00

New Agricultural Experiment Station, Niagara
county 15,000 00

Special bill for State prisons (total $123,361),
items deducted 38,050 00

Special bill for charitable institutions (total
$913,060), items deducted 617,800 00

Special bill for hospitals for the insane (total
$1,456,540), items deducted 629,670 00

Letchworth Village (total $101,000), items
deducted •. 93,75° 00

Agricultural School at St. Lawrence Univer-
sity (total $53,000), item deducted 26,000 00

Long Island State Hospital 100,000 00

Starch Factory Creek improvement 9,000 00

Enforcing pure food law 13,400 00

Additional bill for Training School for Boys. . 304,500 00

Milk production demonstration 10,000 00

Total items disapproved $4,713,747 67

The increase in the appropriations of this year, as approved
over those of the year 1909, is due to the increased cost of
maintenance in the State hospitals for the insane, in the chari-
table institutions, and in prisons; to the increase in salaries of
the Supreme Court Justices under the recent constitutional
amendment; to the increased amount required for the support
of common schools and normal schools ; to the increased appro-

VETOES 125

priation for highway construction and maintenance, apart from
the amount payable out of proceeds of bonds ; to the allowance
for the abolition of grade crossings; to the additional amount
needed for land, construction of buildings and equipment; and
to the amounts appropriated for the Secretary of State (to
enable him to carry out the new Motor Vehicle Law), and for
the Health Officer of the Port of New York, who now for the
first time has direct appropriations, his receipts being covered
into the treasury.

The appropriations for a period of years have been insuffi-
cient to provide for maintenance in the hospitals for the in-
sane, and there has been an accumulating deficiency, now
amounting to $1,231,139.28, which has been covered by a
special bill this year. There is also an increase in the amount
for advances to county treasurers.

These items aggregate about $5,500,000, and these alone are
sufficient to account for the increase in this year's appropriations
over those of last year.

These increases are as follows :

Increase in salaries of Justices of
the' Supreme Court under the
recent constitutional amend-
ment:
Supply bill from January 1,

1910, to October 1, 1910. . . . $228,600 00
Appropriation bill October 1,

1910, to October r, 1911.. 312,000 00

$540,600 00

Increased appropriations for support of common

schools and normal schools , 325,000 00

Special bill for accumulated deficiency, in

maintenance of hospitals for the insane. . . 1,231,139 28
Increase in appropriation for maintenance of
hospitals for the insane for the ensuing

year 699,754 00

Increase in appropriation for maintenance of

charitable institutions for ensuing year. ... 137,167 76

126 Public Papers of Governor Hughes

Increase in appropriation for maintenance of
prisons and convicts in penitentiaries, for
ensuing year, together with compensation of

sheriffs $105,500 oo

Increase in appropriation for advances to county

treasurers on account of taxes 45» 000 °°

Increase in appropriations for highway con-
struction and maintenance (apart from pro-
ceeds of bonds) 526,210 46

Amount allowed for grade crossings (no appro-
priation last year) 600,000 00

Increase in appropriation for Secretary of State
to enforce new Motor Vehicle Law :

Appropriation bill $190,000 00

Supply bill 60,000 00

250,000 00

Increase to provide for appropriation for health
officer, Port of New York (no appropriation

last year) 175,320 00

Increase in construction items, land, buildings,

and equipment 858,738 62

(Included in the appropriations this year
is $1,500,000 for the new State Education
Building and power plant)

These items of increase amount to. . . . $5,494,430 12

The Governor has no authority to reduce specific items of
appropriation but must either allow or reject them. In the
exercise of this power I have preserved the items required to
discharge the obligations of the State and to secure a proper
conduct of its enterprises, while rejecting those which seemed
to me unnecessary or unwise.

(Signed) CHARLES E. HUGHES.

Vetoes 127

The Annual Appropriation Bill — Items Vetoed

Albany, June i8 ; 1910.

Memorandum filed with Assembly Bill No. 2687, entitled
"An act making appropriations for the support of government."

Statement of items of appropriations of money contained in
said bill which are severally objected to, to wit:

On page 16, under the head of Court of Claims :

" For the expenses and disbursements of each judge, two
thousand eight hundred dollars, payable monthly, eight thou-
sand four hundred dollars ($8,400)."

This item is not properly drawn so as to limit the appropria-
tion to actual and necessary expenses incurred in the dis-
charge of official duties elsewhere than in Albany.

On page 31, under the head of Office of the Attorney-
General :

" For the compensation of accountants to examine the books
and accounts of receivers, as required by section two hundred
and forty-nine of the general corporation law, and to render
such other services, if any, as the attorney-general may deem
necessary, ten thousand dollars ($10,000), or so much thereof
as may be necessary."

In view of the provision otherwise made for this department,
and the demands upon the State at this time, this cannot be
allowed.

On page 76, under the head of Protection of Fish and Game :

" For the expenses of the chief protector, one thousand dol-
lars ($1,000),"

This seems to be unnecessary.

On page 79:

" For the purpose of reforesting burned or denuded lands
in the forest preserve, and for preparing and distributing in-
structive pamphlets on forestry subjects, and for establishing
additional nurseries for the propagation of forest trees, to be
furnished to citizens of the State at cost, to be planted under
the direction and regulation of the Forest, Fish and Game
Commission, twenty thousand dollars ($20,000), or so much
thereof as may be necessary.

128 Public Papers of Governor Hughes

In view of the item in the supply bill for this purpose, this
cannot be allowed.

On pages 99 and 100, under the head of Bureau of In-
dustries and Immigration:

" counsel, two thousand four hundred dollars ($2,400) ;"

" superintendent of branch office, one thousand eight hun-
dred dollars ($1,800) ;"

" eighth grade, one employee, one thousand eight hundred
dollars ($1,800) ;" \

" seventh grade, three employees, four thousand five hun-
dred dollars ($4,500) ;"

" fifth grade, three employees, two thousand seven hundred
dollars ($2,700)."

" For the actual and necessary traveling expenses of the
chief investigator and other employees of the bureau in the
performance of their official duties, six thousand dollars
($6,000), or so much thereof as may be necessary."

" For furniture, books, blanks, stationery, messages, post-
age and transportation of letters, official documents and other
matter sent by express or freight, including boxes or covering
for same, and other necessary and incidental office expenses,
four thousand five hundred dollars ($4,500), or so much
thereof as may be necessary."

" For printing, one thousand two hundred dollars ($1,200),
or so much thereof as may be necessary."

" For the establishment and maintenance of schools in con-
nection with labor camps, for the instruction of aliens living
therein, six thousand dollars ($6,000), or so much thereof as
may be necessary."

The legislation providing for the establishment of this
bureau is a result of the work of the able commission ap-
pointed to inquire into the condition of aliens within the State.

It contemplates a field of activity of great importance and
its benefits should not be lost. In view, however, of the
present demands upon the State I cannot approve the estab-
lishment at this time of a bureau as extensive as that pro-
vided for in these items. I have left sufficient of the appro-

Vetoes 129

priation to provide for a small but reasonable beginning in
connection with the Department of Labor, and there is no
doubt that the work will be extended in the future as its
quality and importance may justify.

On page 129, under the head of Fiscal Supervisor of State
Charities :

" a purchasing agent, two thousand dollars ($2,000) ; "

" a supervisor of farms, three thousand five hundred dol-
lars ($3,500) ;"

" a supervisor of food, one thousand eight hundred dollars
($1,800);"

These items were intended to provide for outlays to be.
made pursuant to Assembly Bill No. 2474, entitled "An act
to amend the state charities law, in relation to the regulation
of state charitable institutions," which has not been approved.
(Signed) CHARLES E. HUGHES.

The Annual Supply Bill — Items Vetoed

State of New York — Executive Chamber

Albany, June 18, 1910
Memorandum filed with Assembly Bill No. 2686, entitled
"An act making appropriations for certain expenses of gov-
ernment and supplying deficiencies in former appropriations."

Statement of items of appropriations of money contained
in said bill which are severally objected to, to wiit:

On page 8 : " For the supreme court library at Long Island
City, Queens county, in the second judicial district, the sum
of one thousand dollars ($1,000), or so much thereof as may
be necessary."

This is disapproved for the reasons stated in my memoran-
dum on Assembly Bill No. 2297, entitled "An act to amend
the education law, relative to establishing a law library in the
second judicial district."

On page 14 : " For the comptroller, for furnishing steel
5

130 Public Papers of Governor Hughes

filing cases for original tax returns, deeds, abstracts of title,
books and records relating to land titles, taxes and tax sales,
and for furniture and other necessary repairs in the land tax
bureau, fifteen thousand dollars ($15,000), or so much thereof
as may be necessary."

On page 36: " For the purchase and installation of fireproof
vaults in the office of the state engineer and surveyor for the
preservation of state records on file in his department ten
thousand dollars ($10,000), or so much thereof as may be
necessary."

The completion of the Education Building will permit a
rearrangement of offices in the Capitol. The advisability of
adapting to the use of the Court of Appeals the building known
as the State Hall, in which the offices of the Comptroller and
of the State Engineer and Surveyor are now established, is
under consideration. In view of the prospect of changes
wthin a comparatively short period, it would seem inadvis-
able to make these expenditures at present.

On page 15 : " For the comptroller, for the purpose of
refunding tax for the year ending December thirty-first, nine-
teen hundred seven, erroneously paid into the state treasury
under the provisions of section one hundred eighty-seven of
the general tax law by the Svea Fire and Life Insurance Com-
pany, Limited, of Gothenburg, Sweden, the sum of six hun-
dred thirty-eight dollars thirty- four cents ($638.34), or so
much thereof as may be necessary."

There appears to be no obligation on the part of the State
to make this payment. The general law gave suitable oppor-
tunity for revision and readjustment.

On page 16 : " For the comptroller for the expense neces-
sarily incurred in the conduct of his office, including com-
pensation of employees and agents, traveling and other ex-
penses of employees made necessary by the creation, of the
' bureau of licenses ' for the licensing and supervision of pri-
vate bankers, the sum of five thousand dollars ($5,000), or
so much thereof as may be necessary."

The expenses referred to are deemed to be sufficiently cov-
ered by another item of appropriation.

Vetoes 131

On page 19: "For the salaries of employees as follows:
One in grade eight, three in grade six, and one in grade three,
five thousand five hundred dollars ($5,500), or so much thereof
as may be necessary."

On page 19: "For the continuation of Farmers' Institute
work, the sum of six thousand dollars ($6,000), or so much
thereof as may be necessary. Of 'the sum hereby appropriated
the commissioner of agriculture may use a sum not to exceed
ten per centum thereof for premiums, prizes or awards for
educational competitive exhibits in connection with such
institutes."

On page 19: " For the purpose of investigation and exter-
mination of contagious diseases of plants and San Jose scale
and other dangerous insect pests, eleven thousand dollars
($11,000), or so much thereof as may be necessary."

On page 19 : " For the investigation of insecticides and fungi-
cides as provided by article six of chapter nine of the laws of
nineteen hundred nine, being the agricultural law, seven hun-
dred dollars ($700), or so much thereof as may be necessary."

On page 19 : " For the salary of one scientific assistant
having special knowledge oi insect pests and remedies there-
for, two thousand five hundred dollars ($2,500), or so much
thereof as may be necessary."

On pages 19 and 20: "For the actual and necessary inci J
dental expenses for carrying out the provisions of article
twelve of chapter nine of the laws of nineteen hundred nine,
being the agricultural law, in reference to dissemination of in-
formation concerning cheap farms in New York state, eight
thousand dollars ($8,000), or so much thereof as may be
necessary."

On page 20 : " For collecting and disseminating informa-
tion relative to agricultural labor within the state, as provided
by article twelve of chapter nine of the laws of nineteen hun-
dred nine, being the agricultural law, two thousand dollars
($2,000), or so much thereof as may be necessary."

On page 21 : " For deficiency in appropriation for salary
of' the commissioner of agriculture, two hundred" and fifty dol-
lars {$250)." '

132 Public Papers of Governor Hughes

In the rearrangement of appropriations, a large number of
items relating to the Department of Agriculture heretofore
appearing in the Supply bill have been transferred to the gen-
eral Appropriation bill. The provision thus made for the pur-
poses above described, together with other appropriations
which have been allowed, is deemed to be sufficient for the
departmental work which can be authorized at this time.

On pages 22 and 23 : Under the head of " For the New
York State College of Agriculture at Cornell University."

" 2. For necessary betterments in the present buildings,
barns and farms, installing refrigerator plant, altering base-
ment rooms, to provide for library stack-room, laying fire-
proof floor in library, providing additional water supply,
building roads, et cetera, five thousand dollars ($5,000)."
(page 22).

" 4. For completing the enlargement of the present one-
story north wing of the building of the State Veterinary Col-
lege and equipment therefor, ten thousand dollars ($10,000),
or so much thereof as may be necessary, the same being in
addition to the sum of twenty thousand dollars ($20,000)
appropriated by chapter four hundred thirty-three of the laws
of nineteen hundred nine." (page 23).

On page 26 : " For the state school of clay workings and
ceramics at Alfred University, for addition to building, new
kilns, heating plant and other equipment, twenty-five thousand
dollars ($25,000), or so much thereof as may be necessary."

On page 27 : " For the University of the City of New York
for the maintenance of the department of veterinary science,
five thousand dollars ($5,000)."

We are endeavoring to meet the rapidly increasing demands
of our institutional and educational work, but in the difficult
duty of selection I find it necessary to disallow these items.

On pages 24 and 25, with respect to the State Fair Com-
mission : " For moving track and grand stand, one tunnel un-
der racetrack for horses, et cetera, to infield, one tunnel from
grand stand for pedestrians only, one compartment at end of
stable to complete section omitted last year on account of
present position of track, wood floors for stalls in stables on

Vetoes 133

cinders built in nineteen hundred nine, doors to complete all
box stalls in stables built in nineteen hundred nine, raising
stall partitions in stables built in nineteen hundred nine, two
planks higher than at present, reconstructing grand stand and
increasing capacity, one hundred forty thousand eight hundred
dollars ($140,800), sewers ten thousand dollars ($10,000),
two loading docks nine hundred feet long by twenty feet wide
each, twelve thousand dollars ($12,000), two judging stands,
one thousand dollars ($1,000), electricity, light and water, five
thousand dollars ($5,000)."

On page 25 : " For the salary of the secretary of the pub-
licity bureau, of the New York State Fair Commission two
thousand dollars ($2,000)."

I am deeply interested in the consummation of the plans for
the development of the State Fair. Large appropriations to
this end have been made during the past two years. While it
is desirable to make as rapid progress as possible, we cannot
go faster than our income will permit.

On page 27 : " For deficiency in appropriation for building
inspectors made by chapter four hundred thirty-two, laws of
nineteen hundred nine, the sum of four thousand dollars
($4,000), or so much thereof as may be necessary."

This item is unnecessary as the work can be covered by
other items of appropriation.

On page 29: " For the payment of attorneys, counsel, and
deputies designated or employed in actions or proceedings
brought in pursuance of the provisions of the executive law,
seventeen thousand five hundred dollars ($17,500), or so much
thereof as may be necessary; but no warrants shall be issued
for -such payments until the amounts claimed shall be certified,
audited, and allowed by the attorney-general and the gov-
ernor."

On page 29 : " For the expenses of investigating claims on
behalf of or against the state, five thousand dollars ($5,000),
or so much thereof as may be necessary."

On- page 31 : " For the compensation of accountants to ex-
amine the books and accounts of receivers as required by sec-
tion two hundred forty-nine of the general corporation law,

134 Public Papers of Governor Hughes

and to render such other services, if any, as the attorney-
general may deem necessary, six thousand dollars ($6,000), or
so much thereof as may be necessary."

Other items of appropriation, which have been allowed, in-
creasing the funds available for this department, are believed
to be sufficient to carry the departmental work.

On page 34 : " To Charles C. Lester, for services rendered
in the actions brought by the people to enforce the provisions
of chapter four hundred twenty-nine of the laws of nineteen
hundred and eight, the sum of seven thousand five hundred
dollars ($7,500)."

" To Nash Rockwood, for services rendered in the actions
brought by the people to enforce the provisions of chapter four
hundred twenty-nine of the laws of nineteen hundred and
eight, the sum of seven thousand five hundred dollars
($7,500)."

In view of the circumstances in which this litigation was
begun and has been prosecuted a question exists as to the lia-
bility of the State for these services. This litigation, further-
more, has not yet been terminated. If payment is to be made
by the State it should be made upon the audit of the Attorney-
General.

On page 34 : " To Asa Bird Gardiner, as compensation in
addition to the sum of two thousand dollars ($2,000) hereto-
fore provided for services in proceedings to liberate Harry K.
Thaw from Matteawan State Hospital, the further sum of
three thousand dollars ($3,000)."

It appears that no agreement has been reached with respect
to the amounts to be paid for all the services rendered in this
matter. The entire claim should be the subject of audit by
the Attorney-General.

On page 34 : " To Charles A. Dolson. for additional com-
pensation for services in a quo warranto proceeding in the
supreme court in. the name of the people of the state of New
York against George B. McClellan and William Randolph
Hearst to try the title to the office of mayor of the city of
New York, two thousand dollars ($2,000)."

I am advised that this claim has not been audited by the

Vetoes 135

Attorney-General, and it should be the subject of such an audit
before it is paid.

On page 36 : " For expenses incurred in preparing the ex-
hibit of the state engineer and surveyor and exhibiting the,
same at the state fair, the sum of five hundred dollars ($500),
or so much thereof as may be necessary."

On page 104 : " For expenses of exhibiting the work of the
department at the state fair at Syracuse, three hundred dollars
($300), or so much thereof as may be necessary."

These items are unnecessary, as provision is made in the
appropriation for the State Fair for the collection, display
and supervision of exhibits from State departments and insti-
tutions.

On page 15: "For the comptroller, for installing suitable
filing system and for supplies for same, the sum of three thou-
sand dollars ($3,000), or so much thereof as may be neces-
sary."

On page 16: " For the comptroller, for the proper preserva-
tion of records of the records of the war of eighteen hundred
twelve, the sum of one thousand dollars ($1,000), or so much
thereof as may be necessary."

On page 21 : "An additional amount of thirty thousand dol-
lars ($30,000) for the payment of indemnities for animals
destroyed or taken under order of the commissioner of agri-
culture in accordance with the provisions of the agricultural
law relating to bovine tuberculosis."

On page 36 : " For indexing and filing books and maps in
the office of the state engineer and surveyor, the sum of one
thousand five hundred dollars ($1,500). or so much thereof as
may be necessary."

On page 36 : " For the state engineer and surveyor for the
cost of a survey, estimate, and plans, for improving the Black
river for navigation between the state dam at Carthage and
Sacketts Harbor on Lake Ontario, the sum of twenty-five
thousand dollars ($25,000), or so much thereof as may be
necessary."

On page 37 : " For the state engineer and surveyor, to pay
the compensation, wages and expenses, including travel and

136 Public Papers of Governor Hughes

maintenance, of engineers in charting of such streams and
lakes as are navigable or have been heretofore declared to be
public highways, and making proper maps thereof and the com-
pilation and publication of the same, copies of which maps and
publications may be furnished by the state engineer to any
and all persons desiring the same at the approximate cast of
such publication, not including the expenses of surveys con-
nected therewith, the sum of fifteen thousand dollars ($15,-
000), or so much thereof as may be necessary."

On page 37 : " For the state engineer and surveyor for
making surveys for state departments, cammissions and insti-
tutions, where no appropriation is available for such purpose,
the sum of five thousand dollars ($5,000), or so much thereof
as may be necessary."

On page 37 : " For the state engineer and surveyor for sal-
aries, compensation and necessary expenses in investigating
the waterways of the state, embracing a compilation of the
history of all navigable streams and a general engineering
reconnaissance to determine the characteristics of the streams
and a study of the probable utility of the same for greater
navigation facilities, and an investigation of the State's rights
in said waterways, ten thousand dollars ($io,ooo), or so much
thereof as may be necessary."

On page 49 : " For the construction and installation of steel
filing cases for oaring for office records, two thousand dollars
($2,000), or so much thereof as may be necessary."

On page 52 : " For continuing the survey, improving and
plotting of state lands now under lease or to be leased in the
future for the shell-fish industry, two thousand dollars ($2,-
000), or so much thereof as may be necessary."

On page 53 : "' For repairs to building, two thousand five
hundred dollars ($2,500)."

On page 53 : " For the purpose of purchasing one or two
motor boats, for the use of the state fish and game protectors
upon the waters of Oneida lake, the sum of three thousand
dollars ($3,000), or so much thereof as may be necessary."

On page 54 : " For the purpose of purchasing a launch for
use on the upper Niagara river, the sum of one thousand five

Vetoes 137

hundred dollars ($1,500), or so much thereof as may be
necessary."

On pages 54 and 55: " The sum of six thousand four .hun-
dred fifty dollars ($6,450) for the purchase and acquisition of
title by the forest, fish and game commission, in the name of
the state, of the following described real estate in the county
of Saratoga, the sum appropriated to be available only after
the attorney-general has approved the title and form and exe-
cution of conveyances and certified such approval to the comp-
troller, to wit: Beginning in the east line of lot number three
of the subdivision of lot number five of the twenty-third allot-
ment of the patent of Kayaderosseras, at the northwest corner
of a lot of land formerly owned by one Connors, and now
owned by W. D. Green and Adelaide W. Sprott; and runs
thence south twelve degrees and fifteen minutes east along
the east line of said lot number three, one thousand two hun-
dred nine feet to the south* line of the twenty-third allotment ;
thence south sixty degrees forty-five minutes west, along the
south line of said allotment, two thousand three hundred forty-
eight feet to the southwest corner of lot number five afore-
said; thence northerly along the west line of said lot number
five, about two thousand six hundred eighty feet to the center
of the road leading from the Grant cottage ,to Lake Bonita;
thence easterly on a straight line, about two thousand four
hundred feet, to the place of beginning.

"Also all that certain other tract or parcel of land situated
on Mount MacGregor, town of Moreau, county of Saratoga
and state of New York, described as follows : Beginning at
an iron stake in the center of the highway leading from the
depot to the Balmoral hotel ; thence west sixty-two feet along
the lands of the Mount MacGregor Railroad Company ; thence
along the land of. the Grant cottage one hundred thirty-one
feet to an iron stake in the corner of the Grant cottage lot;
thence south sixty-seven feet to an iron stake; thence west
along the lands of the said railroad company five hundred
feet to the center of the highway leading to Artists lake.
Bounded on the west by the highway, north by the highway,
and on the east by the highway; the said lands being known

138 Public Papers of Governor Hughes

as the Arkell cottage lot. Subject to a right of way hereto-
fore acquired by the Mount MacGregor Railroad' Company
across the lands first described."

On page 56 : " For deficiency in the appropriation for sal-
aries of the commissioners, deputies, secretary and division
engineers during the fiscal year ending September thirtieth,
nineteen hundred ten, five thousand dollars ($5,000), or so
much thereof as may be necessary, payable from the highway
fund."

On .page JJ : " For the armory commission, for the con-
struction of a boat house for the third separate division, naval
militia, at Buffalo, twenty-five thousand dollars ($25,000), or
so much thereof as may be necessary."

On page 79 : " For lighting system on Green Island five
thousand dollars ($5,000) ; for water supply on Goat Island
ten thousand dollars ($10,000), or so much thereof as may be
necessary." •

On page 84 : " For road roller, two thousand seven hundred
fifty dollars ($2,750), or so much thereof as may be neces-
sary."

On page 84 : " For clearing and reforesting state lands in
the vicinity of Dannemora, two thousand five hundred dollars
($2,500), or so much thereof as may be necessary."

On page 88 : " For deficiency in the salaries of the two
members of the board of parole for state prisons other than
the superintendent of prisons, from July first, nineteen hun-
dred ten, to September thirtieth, nineteen hundred ten, nine
hundred dollars ($900), or so much thereof as may be pre-
scribed by law."

On page 97 : " For the construction of an overhead foot
bridge over the Erie canal at a point in the vicinity of the
electric light works, west of Railroad street, in the village of
Ilion, the sum of two thousand dollars ($2,000), or so much
thereof as may be necessary."

-On pages 121 and 122: "For removing cupola and restor-
ing roof of mansion to its original shape, three hundred fifty
dollars ($350), or so much thereof as may be necessary; for
repairing and restoring old stone fort to its original condition,
as near as can be done, three hundred dollars ($300), or so

Vetoes 139

much thereof as may be necessary; for building line fences
between state property and lands of adjoining owners, three
hundred dollars ($300) ,. or so much thereof as may be neces-
sary;

" For removing wing on north side of mansion and restor-
ing side of mansion to original condition, and building care-
taker's cottage, three thousand five hundred dollars ($3,500),
or so much thereof as may be necessary."

On page 123 : " For draining swamp near Suspension
Bridge and pond, five hundred dollars ($500), or so .much
thereof as may be necessary."

On page 125 : " For Hobar.t Krum, Daniel D. Fnisbie, J. Ed-
ward Young, W. E. Bassler, Dow Beekman, Charles W. Wo-
man and Henry F. Kingsley, committee for suitably marking
the sites of the upper and middle forts in the Schoharie val-
ley, in the towns of Fulton and Middleburgh, to mark and
preserve the places where the patriots of the revolution held
in check the British and Indians, five thousand dollars ($5,-
000), or so much thereof as may be necessary, to be paid by
the treasurer on the audit and approval by the comptroller."

On page 130: " For the Saint Lawrence State Hospital, to
purchase the William J. Morrison farm, consisting of about
two hundred and eight acres, at fifty dollars per acre, in ac-
cordance with an option contained in the lease of said farm
now held by said hospital, ten thousand five hundred dollars
($10,500), or so much thereof as may be necessary."

On page 130: " For the Buffalo State Hospital, to purchase
the L. A. Dwight farm, consisting of about thirty-three acres
in the town of Wilson, in the county of Niagara and state of
New York, pursuant to option and now held under lease by
said hospital for the accommodation of its patients, the sum of
six thousand five hundred dollars ($6,500), or so much thereof
as may be necessary."

On page 130: " For the Binghamton State Hospital, to pur-
chase two hundred and fifty acres of land adjoining the pres-
ent hospital property, and known as a part of the Mathew
Hays farm, pursuant to option and now held under lease by
said hospital, the sum of seven thousand dollars ($7,000), or
so much thereof as may be necessary."

140 Public Papers of Governor Hughes

The funds in the treasury, and our estimated income, will
not permit these expenditures.

On page 42 : " For deficiency in the appropriation for cities,
academies, academic departments and libraries, seventy-five
thousand dollars ($75,000), or so much thereof as may be
necessary, to apportion an additional one-half cent per day
for the attendance of academic pupils in academic depart-
ments of cities, union schools and academies as shown by
their annual reports for the school year ending July thirty-
first, nineteen hundred nine."

This is disapproved for the reasons stated in passing upon
a similar item last year, as follows :

" The appropriation with regard to which the ' deficiency '
referred to in this item exists, provides for certain fixed ap-
portionments after which the remainder of the appropriation
is to be divided among schools and academies on the basis of
attendance of academic pupils. These fixed apportionments
have been made and for a number of years the surplus was
sufficient to pay two cents per day on the basis of such at-
tendance. But last year the surplus was sufficient to pay only
one and one-half cents a day. The difference is the alleged
' deficiency.' But it is manifest that there is no real deficiency.
For the State assumed no obligation in the 'matter, but simply
made provision for a division of whatever surplus might re-
main after the required apportionments were made. It is not
proper policy that where a convenient arrangement is thus
made for the distribution of a possible surplus, this should be
regarded as creating a State obligation so that the State is
bound to make good a so-called ' deficiency ' when the surplus
falls off."

On page 47 : " For deficiency in the compensation of state
superintendents of elections, fifteen .thousand dollars ($15,-
000), or so much thereof as may be necessary, to be available
on or after October first, nineteen hundred ten."

This item is improperly worded and cannot be allowed.

On page 49 : " For the salary of a supervisor of farms, eight
hundred seventy-five dollars ($875), or so much thereof as
may be necessary."

Vetoes 141

This item is disallowed, as the bill to which it refers has not
been approved.

On pages 52 and 53 : " For the land-purchase board as orig-
inally defined by chapter ninety- four of the laws of nineteen
hundred one, and the several acts amendatory thereof and
supplemental thereto, including the statutory consolidation
law, there is hereby appropriated the sum of one hundred
thousand dollars ($100,000) for the purchase of lands within
the Adirondack park."

In addition to the amounts reapprcpriated by this bill, pro-
vision was made last year for the issue of bonds to the amount
of two hundred thousand dollars for additional forest pur-
chases. These bonds have not yet been issued and the amount
is still available. This item cannot be allowed.

On page 56 : " For traveling expenses, one thousand dollars
($1,000), or so much thereof as may be necessary."

On page 56: " For the salary of a field archivist, one thou-
sand five hundred dollars ($1,500), or so much thereof as
■may be necessary."

These items need not be allowed, as the bill to which they
refer failed of .passage.

On page 58: " The sum of ten thousand dollars ($10,000),
or so much thereof as may be necessary, is hereby appropriated
out of any moneys in the treasury not otherwise appropriated
for the purpose of establishing and maintaining an experi-
mental fish station in the vicinity of Buffalo, under the direc-
tion of the director of the State Cancer Laboratory, with the
co-operation of the state fish culturist, the expenditures for
.which shall be verified by the director of said laboratory and
approved by the state forest, fish and game commissioner."

The appropriation for the cancer laboratory has been
largely increased this year, thirty thousand dollars being pro-
vided by the Appropriation bill and nine thousand dollars by
another item in the Supply bill. The item above quoted,
under present conditions, cannot be allowed. This does not
mean that experimentation along the line desired may not be
advisable; but if so, it would seem that arrangement could
readily be made for it in connection with one of -the fish hatch-

142 Public Papers of Governor Hughes

eries of the State instead of providing for the establishment
and maintenance of a new station.

On page 59 : " The sum of one hundred seventy-five thou-
sand dollars ($175,000) required to meet an estimated defi-
ciency in the funds provided by chapter four hundred thirty-
two O'f the laws of nineteen hundred nine for the maintenance
of the thirteen state hospitals for the year beginning October
first, nineteen hundred nine, is hereby appropriated, to be ex-
pended under the provisions of the insanity law."

A special bill carrying $1,200,000 has been signed to take
care of the deficiency in the maintenance of our hospitals for
the insane, and the items for maintenance in the Appropria-
tion bill (available October next) have been largely increased.
This additional item cannot be allowed.

On pages 77 and 78 : " For clerical services and expenses
in connection with disbursement of refund by United States
to volunteers Spanish war, one thousand five hundred dollars
($1,500), or so much thereof as may be necessary."

On page 78 : " For travel, expense and subsistence of offi-
cers designated as delegates to the annual convention of the
National Guard Association of the United" States to be held
at Saint Louis, Missouri, during the year nineteen hundred
ten, one thousand dollars ($1,000), or so much thereof as may
be necessary."

On page 104 : " For repairing existing state weights and
measures, and for the expenses of sending the same to the
national bureau of standards for comparison and correction,
and returning the same, including packing and transportation,
one thousand dollars ($1,000), or so much thereof as may be
necessary."

Such expenses as may be proper for the purposes stated may
be otherwise provided for.

On page 78 : " For the payment in full of creditors of
Andrew Douglas for material f urnished in the construction of
the State Armory at Whitehall, the sum of fourteen hundred
"and sixty-seven dollars and forty-seven cents ($1,467.47), or
so much thereof as may be necessary."

It does not appear that there is any obligation on the part
of the State to make this payment.

Vetoes 143

On page 83 : " For rent of office and office expenses, five
hundred dollars ($500), or so much thereof as may be neces^
sary; . «

" For traveling expenses of the secretary and pricing com-
mittee, one thousand dollars ($1,000), or so much thereof as
may be necessary."

These items are unnecessary.

On page 89 : " For repairing and renewing the roofs, gutters
and conductor pipes of the capital and for all incidental ex-
penses in connection therewith, to be expended in the discre-
- tion of the superintendent of public buildings, one thousand
dollars ($1,000), or so much thereof as may be necessary."

On page 89 : " For the repair, renewal and improvement of
parts of the elevators in the capital and all expenses inci-
dental thereto, to be expended in the discretion of the super-
intendent of public buildings, one thousand dollars ($1,000),
or so much thereof as may be necessary."

On page 90 : " For increasing the capacity and improving
the character of the system of ventilation in the senate cham-
ber and adjoining rooms, corridors and lobbies, to be expended
in the discretion of the superintendent of public buildings, one
thousand five hundred dollars ($1,500), or so much thereof as
may be necessary."

On page 91 : " For completing the cleaning and restoring
of the western staircase in the capitol between the fourth and
ground floor levels, and for completing the cleaning and re-
storing of the stone work of the senate and assembly chambers
and the lobbies and rooms connected therewith and of other
portions of the interior of the capitol, to be expended in the
discretion of the superintendent of public buildings, the sum
of five thousand dollars ($5,000), or so much thereof as may
be necessary."

On page 91 : " For renewing, refinishing and redecorating
the public corridors, lobbies and other spaces in the capitol
totaling approximately one hundred and seventy-two thousand
square feet, and for refinishing the iron sash and the doors,
transoms and wood work in connection with such spaces and
for other necessary repairs, restorations and improvements

144 Public Papers of Governor Hughes

incidental thereto, to be expended in the discretion of the
superintendent of public buildings, nine thousand five hundred
dollars ($9,500), or so much thereof as may be necessary."

On page 92 : " For repairing, renewing, resetting, et cetera,
the tiling in the capitol, where necessary, the sum of two
thousand dollars ($2,000), or so much thereof as may be
necessary."

On page 92 : "' For renewals, repairs and improvements of
. the plumbing and drainage systems of the public buildings and
.of the fixtures amid appliances connected therewith, to be ex-
pended in the discretion of the superintendent of public build-
ings, two thousand five hundred dollars ($2,500), or so much
thereof as may be necessary."

Such repairs as may be essential may be made out of the
contingent fund carried by the Appropriation bill.

On page 94 ; " For the superintendent of public works, for
the purpose of extending the dyke along the east bank of the
Chemung river on the lands of Silas Gorton, in .the town of
Corning, in the county of Steuben, so as to discontinue and
prevent the overflow of said lands, the sum of five thousand
dollars ($5,000), or so much thereof as may be necessary."

On page 97: " For the superintendent of public works, for
the cleaning out of Cayuga and Bergholz creeks in the county
of Niagara, the sum of ten thousand dollars ($10,000), or so
much thereof as may be necessary."

On page 97 : " To the superintendent of public works, for
the purpose of removing obstructions from the outlets of
Round lake and Ballston lake in the county of Saratoga, three
thousand dollars ($3,000), or so much thereof as may be
necessary."

It does not satisfactorily appear that there is any obligation
on the part of the State to make these improvements. If
either of the cases fall within the River Improvement Act, pro-
ceeding may be taken under its provisions.

On page 95 : " For the salary and necessary traveling ex-
penses of an engineer to be employed by the superintendent of
public works to act in an advisory capacity, five thousand dol-
lars ($5,000), or so much thereof as anay be necessary, to be
paid from moneys received from the sale of bonds, pursuant

Vetoes . 145

to chapter one hundred forty-seven, laws of nineteen hundred
three."

This item is not needed.

On page 99 : '"' For the construction of a steel bridge over
the Oneida river at Three River Point, to take the place of
the bridge removed in the work of constructing the barge
canal, thirty-five thousand dollars ($35,000), or so much
thereof as may be necessary."

If the State is under any obligation to build this bridge, the
matter should be dealt with by the proper .authorities under
the law relating to the construction of the barge canal.

On page 99: "To reimburse Frederick Skene, for his ex-
penses in defending the suit of the Malone, Fort Covington
and Hopkins Point Railroad Company, plaintiffs, against the
Spuyten Duyvil Construction Company, Frederick Skene and
others, tried in Malone, November seventeenth, eighteenth and
nineteenth, nineteen hundred nine, decision handed down De-
cember fifteenth, nineteen hundred nine, the sum of one thou-
sand five hundred dollars ($1,500), payable upon a certified
statement of such expenses to be audited by the attorney-
general."

This litigation I am advised has not yet been terminated.

On page 100: " For the abolition of grade crossings within
the jurisdiction of the public service commission, second dis-
trict, pursuant to chapter seven hundred fifty-four of the laws
of eighteen hundred ninety-seven and acts amendatory thereof,
the further sum of one hundred fifty thousand dollars ($150,-
000), or so much thereof as may be necessary."

The sum of two hundred and fifty thousand dollars has
been allowed for the elimination of grade crossings in Queens
and Richmond counties, and an additional sum of three hun-
dred and fifty thousand dollars with respect to grade crossings
in other parts of the State, making a total of six hundred thou-
sand dollars for this purpose. Important as is this work, a
further appropriation cannot be allowed at this time.

On page 103 : " For continuing the work of collecting data
of rainfall and stream gaging in co-operatioo with the United
States Geological Survey, fifteen thousand dollars ($15,000),
or so much thereof as may be necessary."

146 Public Papers of Governor Hughes

For such work as can be authorized at this time, appropria-
tion is otherwise made.

On page 114: " For the purpose of refunding taxes erro-
neously paid into the treasury of the state by the Buffalo, Lake
Erie and Niagara Railroad Company, under section one hun-
dred eighty of article nine of the general tax law, the sum of
two thousand dollars ($2,000), or so much thereof as may be
necessary."

On page 114: "For the purpose of refunding taxes erro-
neously paid into the treasury of the state by the Niagara
Transfer Railway Company, under section one hundred eighty
of article nine of the general tax law, the sum of five hundred
dollars ($500), or so much thereof as may be necessary.''

On page 114: " For the purpose of refunding an incorpora-
tion tax erroneously paid into the treasury of the state by
John A. Barhite, as receiver of the Niagara Falls and Roch-
ester Railway Company, under section one hundred eighty of
article nine of the general tax law, the sum of six hundred
twenty-five dollars ($625), or so much thereof as may be
necessary."

If it is to be the policy to make refunds in such cases as
those presented by these items, provision should be made
therefor by the general law.

On page 1.14 : " For J. A. Clark for document files and
typewriter supplies, one hundred twenty-two dollars and fifteen
cents ($122.15), or so much thereof as may be necessary, same
to be paid on certificate of the attorney-general."

On pages 129 and 130: "To Jastrow Alexander, for
moneys expended by him to cover deficiencies in offioe ex-
penditures during his incumbency as state inspector of gas
meters in the months of May and June, nineteen hundred
seven, three hundred forty-two dollars and seventy-two cents
($342.72), or so much thereof as may be necessary, upon
vouchers approved by the comptroller."

It does not satisfactorily appear that there is any obligation
on the part of the State to make these payments.

On page 120: "For William A. Maxon, for typewriting,
disbursements and services, cataloguing and indexing legisla-
tive documents for senate library, one thousand three hundred

Vetoes " 147

dollars ($1,300), or so much thereof as may be necessary,
payable on the certificate of the clerk of the senate, upon the
delivery of such catalogue and index to the senate library?'

On page 127: " For the commission to inquire into inferior
criminal courts in cities of the first class, appointed pursuant
to chapter two hundred eleven of the laws of nineteen hun-
dred eight, the sum of six thousand dollars ($6,000), or so
much thereof as may be necessary, payable on the approval
of the chairman of the commission and the audit of the comp-
troller."

On page 132: " For the payment of the expenses incurred
by the joint committee of the senate and assembly to ex-
amine into the question of extending the jurisdiction of the
public service commission to ■telephone companies and tele-
graph companies, as provided by joint resolution from the
assembly, passed by the senate April twenty-ninth, nineteen
hundred nine, twenty-seven thousand dollars ($27,000), or so
much thereof as may be .necessary, to be paid by the treas-
urer upon the warrant of the comptroller and the certificate
of the chairman and vice-chairman of the committee."

The appropriation allowed by this bill for legislative ex-
penses, including the expenses of legislative committees, is
deemed to be sufficient to cover the amounts payable for ser-
vices and expenses described in these items.

On page 125 : " For the state's one-half of the expense in-
curred in the condemnation and acquirement of toll bridges,
pursuant to and to be paid as provided by chapter one hun-
dred forty-six of the laws of nineteen hundred nine, and of
any act or acts amendatory thereof and supplemental thereto,
the sum of seventy-five thousand dollars ($75,000)."

This appropriation it appears is very largely in excess of
the amount which may be needed to meet the demands of
pending proceedings.

On page 126 : " For the county treasurer of the county of
-Steuben, to reimburse that county for expenses incurred in
criminal proceedings arising from murder trials in which
Daniel McSweeney, Cornelius Sullivan, Hugh Edwards, Ed-
ward Pollard and Edward Mclntyre, inmates of the New York
State Soldiers' and Sailors' Home, were defendants, the sum

148 Public Papers of Governor Hughes

of two thousand eighty-seven dollars forty-seven cents ($2,-
087.47), or so much thereof as may be necessary, to be paid
to said county treasurer and audited by the comptroller upon
the certificate of the district attorney of Steuben county."

It does not appear that there is any obligation on the part of
the State to make this payment.

On page 128: " For the trustees of school district number
three, towns of Hyde Park and Poughkeepsie, New York, for
the unpaid taxes against the lands of the Hudson River State
Hospital for the year nineteen hundred seven-nineteen hundred
eight, as provided by chapter three hundred fifteen, laws of
nineteen hundred seven, the sum of four hundred thirty-eight
dollars and forty-two cents ($438.42), or so much thereof as
may be necessary."

I am advised that another item of appropriation which has
been allowed covers the amount properly payable for the pur-
pose above stated.

On page 129: " For Lewis E. Griffith, for counsel fees and
expenses necessarily incurred by him in connection with cer-
tain charges of irregularities on the part of the superintendent
■of state prisons in the adoption of plan for the new state
prison at Bear Mountain, which charges were referred by me
governor to Chester A. Alden for investigation, the sum of
two thousand five hundred dollars ($2,500), or so much
thereof as may be necessary, which shall be payable on the
audit and certificate of the attorney-general."

This item is improperly worded and would not be effective
if allowed.

On page 131 : " For Warren Butterfield for services and
disbursements as enrolling officer in making the enrollment
of persons liable to military duty in Company L, thirty-third
regiment, New York state militia, in the towns of Canton and
Pierrepont, county of Saint Lawrence, in the year eighteen
hundred sixty-four, pursuant to official designation and ap-
pointment, the sum of four hundred fifty-two dollars and fifty-
four cents ($452.54)."

It does not appear that this claim can properly be allowed
(Constitution, article 7, section 6).

CHARLES E. HUGHES.

Vetoes 149

Conflicting with the Constitutional Provision that the
Legislature Shall Not Pass a Private or Local Bill
Granting to Any Association Exemption from Taxation

State of New York — Executive Chamber.

Albany, June 8, 1910.
Memorandum filed with bills specified below.

Not Approved.

The following bills conflict with the provision of the Con-
stitution that the Legislature shall not pass a private or local
bill " granting to any person, association, firm or corporation,
an exemption from taxation on real or personal property,"
and therefore are disapproved :

Assembly Bill Introductory No. 1507, Printed No. 2460,
entitled "An act to incorporate Arnot Art Gallery."

Assembly Bill Introductory No. 458, Printed No. 795, en-
titled "An act to incorporate The Providence Hospital."

Senate Bill Introductory No. 1137, Printed No. 1526, en-
titled "An act to give the American Museum of Safety a char-
ter of incorporation."

(Signed) CHARLES E. HUGHES.

Amending the Election Law in Relation to the Enroll"
ment of Party Voters

State of New York — Executive Chamber.

Albany, June 8, 1910.

Memorandum filed with Assembly Bill Introductory No.
709, Printed No. 2552, entitled "An act to amend the election
law, in relation to the enrollment of party voters, nomina-
tions, primaries, conventions and party committees, and re-
pealing certain sections relating thereto."

ISO Public Papers of Governor Hughes

Not Approved.

This bill is disapproved for the reasons stated in the mes-
sage sent by me to the Legislature on the twenty-sixth day of
May, 1910, as follows:

" The bill * * * is not a grant but a denial of needed
primary reform.

" It provides for State-wide enrollment ; but it gives to the
enrolled voter, who does not make politics his vocation, scant
opportunity for effective participation in the decisions of his
party:

" It provides for an official primary ballot ; but its provision
is of a sort to facilitate domination by party managers and
thus to protect the plans and purposes of those who seek,
through the control of the nomination of party candidates, to
make the administration of government serve the interests of
themselves and their allies.

" This measure is in the interest of the system which ex-
perience condemns and fails to give promise of relief from
methods which have caused widespread and constantly in-
creasing protest. Its good provisions are offset by those that
are bad. Instead of putting party managers under suitable
check and giving to the party voters the- decisive voice, it
places the party voters in the virtual control of the party
managers.

" The test is found in the situation of the enrolled voters
on primary day. Under this bill what can the enrolled voter
do with the elaborate machinery that is provided for the pri-
mary? Can he express his choice as to a single candidate of
his party for public office? Not one. Can he say whom he
desires to be the party candidate for a State office, or for
election to Congress, to the State Senate or Assembly, or even
to any of the offices within his own county? Not at all. He
is invited to participate in the selection of a host of delegates
about whom, in ordinary case, he will know nothing, and of
whose choice of candidates he has no satisfactory assurance.

" Upon the official ballot he will find :
, " ' Delegates to state convention, delegates to congressional
convention, delegates to judicial district convention, delegates

Vetoes 151

to senatorial district convention, delegates to county conven-
tion, delegates to assembly district convention, delegates to
city convention, delegates to any other convention in »such
order as the custodian of primary records shall determine '
in addition to members of committees.

" The voter's rights, with all this complicated mechanism
ostensibly for his protection, come to the selection of those
intermediaries who, as experience shows, are generally the
mere counters of political leaders.

" The matter is made worse by the arrangement of the
ballot. The bill provides for a division of the ballot into
columns so that the delegates to the various conventions, pro-
posed by the organization, shall be found in one column at
the extreme left and may be voted for by a single mark in a
circle at the top of the column. Their rivals for selection as
delegates are to be placed in other columns with similar pro-
visions for straight voting.

" This is designed to facilitate straight voting and, coupled
with the use of the delegate system, to ensure control by the
party managers of the nomination of candidates for public
office. The voters are not only debarred from directly ex-
pressing their wishes as to particular candidates for nomina-
tion to public office, but even as to the choice of delegates the
machinery is contrived against them in the interest of the
party managers. Contests under this plan are likely to be
more with respect to party leaders, with all the powers which
is ensured to them, than with respect to candidates for public
office. This puts a premium upon factional strife and the
play of selfish interest, instead of giving freer course to in-
telligent and independent opinion within the party.

" It is further provided that ' the name of a person shall
not appear more than once on the ballot as a candidate for
the same party position,' so that even if the delegates for one
convention, proposed by the organization, are satisfactory,
they cannot be included in another column, and the very fact
that they are desirable makes more difficult the opposition to
delegates proposed for other conventions. Whatever may be
the propriety of such a restriction with respect to a properly

152 Public Papers of Governor Hughes

arranged ballot, it is manifestly indefensible in connection,
with a ballot of the sort proposed by this bill.

" I shall not attempt to enter into a consideration of the
minor imperfections of the bill * * *, as in my judgment
it is structurally unsound and should not be treated as a proper
measure of reform.

" I desire again to direct the attention of your honorable
body to the gravity of the questions involved and to express
the hope that before adjournment you will provide for a suit-
able measure for the correction of primary abuses and thus
respond to what I believe to be a just and urgent demand of
the people of the State."

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the New York Agricultural
Experiment Station

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Senate Bill No. 1326, entitled "An
act to purchase land and provide a building at the New York
agricultural experiment station, and making an appropriation
therefor."

Not Approved.

The condition of the State treasury will not permit this
expenditure at this time.

(Signed) CHARLES E. HUGHES.

Vetoes 153-

Making Appropriations to Carry Out the Law Relating
to Pure Foods and for Demonstration Work in Rela-
tion to Milk Production

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with the bills mentioned below.

Assembly Bill No. 1883, entitled "An act making an appro-
priation to enforce and carry out the provisions of the agri-
cultural law relating to pure foods and dairy products."

Senate Bill No. 419, entitled "An act making an appropria-
tion for demonstration work in relation to milk production."

Not Approved.

The appropriations for the Department of Agriculture, and
for agricultural education and extension work, cover as much
money as can at this time be allowed for the purposes de-
scribed in these bills.

(Signed) CHARLES E. HUGHES.

Directing the Superintendent of Public Works to Re-
move Gravel and Sand from the Bed of Wood Creek

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 1776, entitled
"An act empowering and directing the superintendent of pub-
lic works to remove the obstruction, gravel, sand, et cetera,
from the bed of Wood creek from its source in the town of
Argyle to where it empties into the Barge canal north of
Dunhams basin in the town of Kingsbury, Washington county,
New York."

154 Public Papers of Governor Hughes

Not Approved.

I am advised that certain portions of Wood creek are being
improved in connection with Barge canal construction work,
and that the improvements suggested by this bill should await
a determination of the question as to the extent of the bene-
fits to result from that work.

The bill is therefore disapproved.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the Enlargement of the
Fish Hatchery at Bemus Point

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Assembly Bill No. 2124, entitled
'-An act to enlarge the fish hatchery at Bemus Point on Chau-
tauqua lake, Chautauqua county, for the propagation of fish,
and making an appropriation therefor."

Not Approved.

The appropriations otherwise made cover as much money
as can be allowed at this time in connection with fish
hatcheries.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the Purchase of the House
Owned and Occupied by General Nicholas Herkimer

State of New York — Executive Chamber.

Albany, June 18, 19 10.
Memorandum filed with Assembly Bill No. 418, entitled
"An act to provide for the acquisition and preservation of the
historic house and grounds formerly owned and occupied by
General Nicholas Herkimer, in the town of Danube, in the
county of Herkimer, and making an appropriation therefor."

Vetoes 155

Not Approved.

It is most desirable that the memorials of the State should
be preserved, and the disposition of public-spirited citizens to
provide for their acquisition by the State should be en-
couraged.

I regret that the state of the treasury will not permit the
approval of this bill.

(Signed) CHARLES E. HUGHES.

Making Appropriations for Certain Normal Schools and
the Normal College

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with the bills specified below.

Senate Bill No. 185, entitled "An act to provide for the ac-
quisition by the state of certain land in the village of Fredonia
for normal school purposes, and making an appropriation
therefor."

Assembly Bill No. 1663, entitled 'An act providing for the
reconstruction of the old portion of the Potsdam State Nor-
mal and Training School, and making an appropriation
therefor."

Senate Bill No. 362, entitled "An act to provide for the
acquisition of additional lands for the New York State Nor-
mal College at Albany, and making an appropriation there-
for."

Not Approved.

We have under construction a new normal school building
at Oswego, for which an appropriation of $200,000 has been
made this year.

A serious situation of the most exigent character exists
with respect to the normal school at Buffalo. Temporary pro-
vision has been made by the supply bill, and another bill has
been signed for the suitable construction of a new building.

Further appropriations cannot be allowed at this time.
(Signed) CHARLES E. HUGHES.

156 Public Papers of Governor Hughes

Making Appropriations for Certain Armories

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with the bills specified below.

Assembly Bill No. 41, entitled "An act providing for the
erection of a new state armory at Malone, New York, the
acquisition of a site for the same, and making an appropria-
tion therefor, and providing for the sale of the old armory
site and building, and the application of the proceeds to such
new building, and for other purposes relative to the same.

Assembly Bill No. 7, entitled "An act to provide for the
erection of a new armory building in the city of Mount Ver-
non, New York, the acquisition of a site for the same, and
making an appropriation therefor, and providing for the sale
of the old armory site and buildings, and the application of
the proceeds to such new building and for other purposes rela-
tive to the same."

Assembly Bill No. 1300, entitled "An act to provide for re-
pairs, improvements and betterments to the state armory, in
the borough of Brooklyn in the city of New York, occupied
by the Forty-seventh Regiment, National Guard, State of New
York, and making an appropriation therefor."

Senate Bill No. 18, entitled "An act providing for the erec-
tion of a state armory and stable in the city of Albany, the
acquisition of a site therefor, and making an appropriation
for building said armory and stable."

Senate Bill No. 16, entitled "An act to provide for the erec-
tion of a new armory building in the city of Newburgh, New
York, the acquisition of a site for the same, and making an
appropriation therefor; and providing for the sale of the old
armory site and building and the application of the proceeds
to such new building, and for other purposes relative to the
same."

Assembly Bill No. 88, entitled "An act to provide for the
rebuilding, alteration and improvement of the state armory

Vetoes

157

in the city of Olean, the disposition of the old armory build-
ing, and making an appropriation therefor."

Assembly Bill No. 620, entitled "An act to provide for the
purchase of additional lands for the armory of the Triirty-
fourth Separate Company of the National Guard at the city
of Geneva, and making an appropriation therefor."

Not Approved.

The funds in the treasury and our estimated income will
not permit these expenditures.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for Dredging and Improving
the West Canada Creek at Herkimer

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Senate Bill No. 13 18, entitled "An
act making an appropriation for dredging and otherwise im-
proving the West Canada creek at Herkimer, in the county of
Herkimer."

Not Approved.

This bill is intended to provide, for the relief of conditions
which caused a serious flood at Herkimer last spring. But in
determining whether this appropriation should be made, the
questions relating to the obligations of the State and the effect
of the proposed improvement must be considered.

I am advised that the construction of the Barge canal from
Herkimer east under the present plans cannot be regarded as
affecting flood conditions at Herkimer.

I am also advised that the contemplated changes would not
give assurance of permanent relief, but that there would be
danger of the filling up of the improved channel and the creation

158 Public Papers of Governor Hughes

of new flood conditions. It is not at all unlikely that the Only
permanent result of the action taken under this bill if approved
would be to subject the State to liability for damages occasioned
by floods occurring after the State had intervened.

On the other hand it appears that the dam at Hinckley will
control and regulate by far the greater part of the water shed
of the West Canada creek, and thus through the completion of
that construction, real relief will be afforded.

It must also be taken into consideration that the general law
relating to the improvement of streams provides for suitable
investigation as to the existence of dangerous conditions and
the best available means for protecting the public safety. In
proceedings under this law the cost of the improvement is dis-
tributed so that the localities and individuals affected shall bear
their proper share of the expense, and the amount may also be
ascertained which can justly be considered a State charge. In
this way the entire matter could be properly examined and an
equitable disposition could be made of it, after careful inquiry.
Solicitous as all should be for the welfare of the people of
Herkimer, it is also important that the interests of the State as
such should be adequately safeguarded.

While the present case makes a serious appeal because of
the recent disaster, what I have said with regard to certain
bills making appropriations for other streams is applicable
here, and the State should execute its policy in an impartial
manner, dealing alike with all communities.

Upon the facts presented to me, and in view of the advice
that I have received from the Department of Public Works, I
should not be justified in approving this bill.

(Signed) CHARLES E. HUGHES.

Vetoes

159

Amending the State Charities Law in Relation to the
Regulation of State Charitable Institutions — Appoint-
ment of a Purchasing Agent

State of New York — Executive Chamber.

Albany, June 18, 19 10.

Memorandum filed with Assembly Bill No. 2474, entitled
"An act to amend the state charities law, in relation to the regu-
lation of state charitable institutions."

Not Approved.

The purpose of this act is most commendable and were it not
for the demands upon our resources at this time I should be
disposed to approve it. Among other things it provides for the
appointment by the Fiscal Supervisor of a purchasing agent,
who is to be secretary of the Purchasing Committee, a super-
visor of farms and a supervisor of foods.

If we could have a suitable co-ordination of the work of all
our institutions, such as hospitals for the insane, charitable
institutions and prisons, through a representative board which
should exercise supervision over matters of common interest
and through which arrangement could be made for common
inspection and supervision of farms, foods, supplies, et cetera,
it would result, I believe, in great benefit to the State. It is likely
that some portion of this benefit would be received by providing
additional facilities for supervising the work of the charitable
institutions alone, but under the present circumstances I do not
feel justified in allowing appropriations for the additional posi-
tions created by this bill and for this reason it is disapproved.

(Signed) CHARLES E. HUGHES.

160 Public Papers of Governor Hughes

Providing for the Rebuilding of a Bridge Across South
Bay in the County of Washington

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Assembly Bill No. 1709 (Senate
reprint No. 1616), entitled "An act to provide for the rebuild-
ing of a bridge across South bay in the county of Washington
and making an appropriation therefor.''

Not Approved.

This bill authorizes the State Highway Commission to rebuild
a bridge across South bay and appropriates for this purpose
seventy-five thousand dollars out of the proceeds of moneys
realized from the sale of highway improvement bonds. Section
250 of the Highway Law provides:

"§ 250. When town or county expense. The towns of this
state, except as otherwise herein provided, shall be liable to pay
the expenses for the construction and repair of its public free
bridges constructed over streams or other waters within their
bounds, and their just and equitable share of such expenses
when so constructed over streams or other waters upon their
boundaries, except between the counties of Westchester and
New York ; and when such bridges are constructed over streams
or other waters forming the boundary line of towns, either in
the same or adjoining counties, such towns shall be jointly liable
to pay such expenses. When such bridges are constructed over
streams or other waters forming the boundary line between a
city of the third class and a town, such city and town shall be
liable each to pay its just and equitable share of the expenses
for the construction, maintenance and repair of such bridges.
Except as otherwise provided by law, a city of the third class
shall be deemed a town for the purposes of this article. Each
of the counties of this state shall also be liable to pay for the
construction, care, maintenance, preservation and repair of
public bridges, lawfully constructed over streams or other
waters forming its boundary line, not less than one-sixth part
of the expenses of such construction, care, maintenance, preser-
vation and repair."

Vetoes 161

If it is to be the policy of the State to construct bridges at
State expense in connection with, and out of funds provided
for, highway improvement, this policy should be defined by
suitable amendment of the law so that it may be impartially
applicable to all cases of the same class. This bill if signed
would probably have a numerous progeny of special acts in-
volving inequality and injustice.

(Signed) CHARLES E. HUGHES.

Establishing a Law Library in the Second Judicial

District

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Assembly Bill No. 2297, entitled
"An act to amend the education law, relative to establishing a
law library in the second judicial district."

Not Approved.

This bill provides that the proposed library shall be under
the care and management of a board of trustees, which board
shall consist of the board of managers of the Queens County
Bar Association as they shall be elected from time to time. No
suitable provision is made for the appointment of the trustees
of the library to public authority, but the board of estimate
and apportionment of the city of New York is required, by
mandatory provision, to pay the expenses incurred for stated
purposes that are certified to it by these trustees. It is pro-
vided that the librarian shall be appointed by the trustees, and
the board of estimate and apportionment of the city of New
York is required to pay his salary at the amount at which the
trustees fix it.

It may be very desirable that there should be a library estab-
lished in the Second Judicial District, and there is no disposition
to criticise the intent of those who are desirous to bring this

6

1 62 Public Papers of Governor Hughes

about. But it is clear that the disbursement of public moneys
should not be made mandatory upon the requisition of trustees
who are not suitably accountable to public authority.

(Signed) CHARLES E. HUGHES.

Making Additional Appropriations for the New York
State Training School for Boys

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Senate Bill No. 1384, entitled 'An
act making additional appropriations for the New York State
Training School for Boys."

Not Approved.

I have approved Senate Bill No. 1510, which appropriates
$117,000 toward the carrying out of the plans for this institu-
tion. This permits contracts to be made and important pre-
liminary work to be done this year.

No further appropriations can be allowed at this time.

(Signed) CHARLES E. HUGHES.

Making an Appropriation to Provide a Survey and Plans
for the Acquisition of Harbor Terminals by the State
in the Port of New York by the Construction of an
Artificial Waterway Between Flushing and Jamaica
Bays

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Assembly Bill No. 1499 (Senate
reprint No. 1654), entitled "An act to provide a survey and
plans for the acquisition of harbor terminals by the state in the
port of New York, by the construction of an artificial waterway
between Flushing and Jamaica bays, and providing an appro-
priation therefor."

Vetoes 163

It does not appear that this appropriation is needed at this
time. There will be abundant opportunity hereafter in the
light of the progress of the plans for the improvement of
Jamaica Bay to determine whether or not the State shall make
any outlays in this matter. An additional appropriation of
$10,000 has already been made to provide for the work of the
commission created to examine the question of terminal facilities
for the canals of the State.

(Signed) CHARLES E. HUGHES.

Making Appropriations for Schools of Agriculture, a
School of Sanitary Science, a State College of Forestry
and an Agricultural Experiment Station

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with the bills specified below :

Assembly Bill No. 2427, entitled "An act to amend the educa-
tion law, in relation to the establishment of a state school of
agriculture on Long Island, providing for its management and
control, and making an appropriation therefor."

Assembly Bill No. 1848, entitled "An act to establish a state
school of agriculture at Cobleskill, Schoharie county, and
making an appropriation therefor."

Assembly Bill No. 136, entitled "An act providing for the
establishment of a state school of agriculture and domestic
science and kindred subjects at Delhi, Delaware county, and
making an appropriation therefor."

Assembly Bill No. 785, entitled "An act providing for the
establishment of a state school of agriculture and domestic
science and kindred subjects at Bainbridge, Chenango county,
and making an appropriation therefor."

Assembly Bill No. 12 14, entitled "An act providing for the
establishment of a state school of agriculture and domestic
science and kindred subjects at Middletown, Orange county,
and making an appropriation therefor."

164 Public Papers of Governor Hughes

Assembly Bill No. 2580, entitled "An act to amend the
education law, in relation to the establishment of a state school
of sanitary science and public health at Cornell University, and
making an appropriation therefor."

Senate Bill No. 1502, entitled "An act to establish a state
college of forestry at Syracuse University, and making an
appropriation therefor."

Assembly Bill No. 2356, entitled 'An act to amend the agri-
cultural law, in relation to the establishment of an agricultural
experiment station in Niagara county."

Not Approved.

We have not the money to undertake the establishment of
these schools. The wise policy, it seems to me, is to provide
for the suitable development and completion of the schools that
we have before we establish new and separate foundations.

With respect to agricultural schools, we have the State Col-
lege of Agriculture at Cornell University, and secondary
schools at Alfred University in Allegany county, at St. Law-
rence University in St. Lawrence county, and at Morrisville in
Madison county. The establishment of these secondary schools
has led to the most importunate demands on the part of other
communities, and the present bills will doubtless be followed by
others in large number. Each community advances its claims
with an intensity of local pride and interest that is most com-
mendable.

Last winter, I am advised, a resolution was adopted by the
State Agricultural Society to the effect that it would be best
not to establish more special agricultural schools at this time,
but to await results from those already established and start
agricultural courses in high schools. Whether or not this may
be regarded as the general opinion, it would seem clear that the
work in the three secondary schools is still experimental.

There can be no question as to the desirability of providing
throughout the State abundant opportunities for vocational train-
ing and especially for educational work along agricultural lines.
But the best course to be taken to achieve the end is not so

Vetoes 165

clear at this time that we would be justified in multiplying
separate agricultural schools.

And certainly it would be necessary to have a large increase
in our State revenues before we could enter upon the under-
takings contemplated by the present bills. This is true also of
the bills providing respectively for the establishment of a State
School of Sanitary Science and Public Health at Cornell Uni-
versity, and of a State College of Forestry at Syracuse Univer-
sity, and of an Agricultural Experiment Station in Niagara
county.

(Signed) CHARLES E. HUGHES.

Making an Appropriation to Reimburse the Town of
Rye for Moneys Paid the State for a Grant Made by
the Commissioners of the Land Office to Said Town of
Certain Lands Under Water

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 2606, entitled
"An act making an appropriation to reimburse the town of Rye,
in the county of Westchester, for moneys paid to the state for
a grant made by the commissioners of the land office to said
town of certain lands under water."

Not Approved.

The town of Rye complains of the exaction by the Commis-
sioners of the Land Office of the amount stated in the bill as
the consideration for a grant to the town of land under water
in front of Rye Park. While there may be a difference
of opinion as to the advisability of insisting upon a pecuniary
consideration in a case like this, the Commissioners of the Land
Office, the duly constituted authority to deal with the question,
have passed upon it and it does not seem to me wise policy to
reverse such decisions in special cases by legislative action.
(Signed) CHARLES E. HUGHES.

166 Public Papers of Governor Hughes

Making Appropriations for Construction, Additions and
Improvements at the State Hospitals for the Insane

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Assembly Bill No. 2039 (Senate
reprint No. 1435), entitled "An act making appropriations for
construction, additions and improvements at the state hospitals
for the insane."

Statement of items of appropriations of money, contained
in said bill, which are severally objected to, to wit:

On Pages 1 and 2, Under the Head of Utica State Hospital.
" for cold storage building and equipment, twenty-five thou-
sand dollars ($25,000) ; for extensions of hot water system,
two thousand five hundred dollars ($2,500) ."

On Page 2, Under the Head of Willard State Hospital.

" For tuberculosis pavilion for men with equipment, twenty
thousand dollars ($20,000) ; for improvement to heating sys-
tem, eleven thousand seven hundred fifty dollars ($11,750) ;
for sorting room at laundry, eight thousand seven hundred
dollars ($8,700) ; for cow barn, seven thousand dollars ($7,-
000) ; for enlargement of six sink rooms, six thousand seven
hundred twenty dollars ($6,720) ;"

" for stone crusher, one thousand five hundred dollars
($i,Soo) ;"

On Page 2, Under the Head of Hudson River State Hospital.

" For nurses' home at main building, sixty thousand dollars
($60,000) ;"

" for addition for forty disturbed patients, twenty-eight
thousand dollars ($28,000) ; for finishing and furnishing third
floor of Inwood for nurses, fifteen thousand dollars ($15,000) ;
for additional pavilions, reception hospital, sixteen patients,
twelve thousand dollars ($12,000) ; for extension of water
line, eleven thousand dollars ($11,000); for addition to
steward's office, five thousand six hundred dollars ($5,600) ;
for staff laundry, five thousand dollars ($5,000) ;"

Vetoes 167

On Pages 2 and 3.

" for electric truck, three thousand six hundred dollars
($3,600);"

On Page 3.

" for club room and bowling alley for employees, three
thousand dollars ($3,000)."

On Page 3, Under the Head of Middletown State Homeo-
pathic Hospital.

" for dining-room and kitchen building, sixty thousand dol-
lars ($60,000) ;"

" for finishing basement, women's division, nurses' home,
five thousand dollars ($5,000) ;"

" for piggery and slaughter house, two thousand dollars
($2,000);"

On Page 3, Under the Head of Buffalo State Hospital.

" For refrigerating plant, nineteen thousand dollars ($19,-
000) ; for tuberculosis pavilion, twenty-five men, fourteen
thousand dollars ($14,000) ; for verandas, men's and women's
wards, seven thousand five hundred dollars ($7,500) ; for
building for contagious diseases, four thousand dollars ($4,-
000);"

On Page 3, Under the Head of Binghamton State Hospital.
" For reconstruction of electric light system, sixty thousand
dollars ($60,000) ;"

On Pages 3 and 4.
" for finishing basement, south wing, nurses' home, five
thousand dollars ($5,000) ;"

On Page' 4.
" for motor truck for freight, three thousand six hundred
dollars ($3,600) ; for painting, one thousand dollars ($1,000) ;
for roads and walks, one thousand dollars ($1,000)."

168 Public Papers of Governor Hughes

On Page 4, Under the Head of Saint Lawrence State Hos-
pital.
" For building for employees, one wing, sixteen thousand
dollars ($16,000) ; for enlarging boiler house and construct-
ing conduits to new dormitory, thirty-one thousand dollars
($31,000) ; for carpenter and blacksmith shop, eight thousand
dollars ($8,000) ;"

On Page 4, Under the Head of Rochester State Hospital.

" For nurses' home, sixty thousand dollars ($60,000) ; for
lake farm cottages, forty patients, twenty-five thousand dollars
($25,000) ;"

" for building for contagious diseases, four thousand dollars
($4,000) ; for veranda, chronic building, two thousand four
hundred dollars ($2,400) ;"

" for electric motor, carpenter shop, one thousand dollars
($1,000)."

On Page 4, Under the Head of Gowanda State Homeopathic

Hospital.

" For mortuary, eight thousand dollars ($8,000) ;"

On Pacfes 4 and 5.
" for building for contagious diseases, four thousand dol-
lars ($4,000) ; "

On Page 5.

" for addition to kitchen, two thousand dollars ($2,000) ; "

On Page 5, Under Head of Kings Park State Hospital.
" for amusement hall, thirty thousand dollars ($30,000) ;"
" for flour storage building, eight thousand dollars ($8,-
000) ;"

On Page 5, Under the Head of Manhattan State Hospital.

" for additional furniture, five thousand dollars ($5,000) ;

for power truck, two thousand eight hundred dollars ($2,-

Vetoes 169

800) ; for additional kitchen equipment, two thousand dollars
'($2,000) ; for cement walks, one thousand dollars ($1,000) ;
for broken stone for roads, one thousand dollars ($1,000) ;
for medical library, one thousand dollars ($1,000)."

On Page 6, Under the Head of Central Islip State Hospital.

" for enlargement of amusement hall, eight thousand dol-
lars ($8,000) ; "

"for cement walks, one thousand dollars ($1,000)."

The items of this bill which have been approved allow for
the completion of the important work of enlargement at the
Manhattan, Kings Park and Central Islip hospitals, which
was begun last year, in order to provide additional accommo-
dations which are sorely needed.

These accommodations are intended to care for 1,400
patients.

Other necessary items are allowed for the other hospitals,
and in addition appropriation is made for the general con-
tingent fund, out of which emergent requirements may be
met.

There is also a special bill appropriating $100,000 for the
amount to be expended this year on the new Mohansic Hos-
pital at Yorktown.

We have also met this year the accumulated deficiency in
maintenance of the hospitals for the insane by a special bill
carrying $1,231,000, and the appropriation bill allows in its
maintenance items the ensuing fiscal year about $700,000 more
than the bill of last year.

The funds in the treasury, and our estimated income, will
not permit me to approve the additional items, in the present
bill, which are above set forth.

(Signed) CHARLES E. HUGHES.

170 Public Papers of Governor Hughes

Making an Appropriation for the Improvement of a
Dike Across the Fourth Branch of the Mohawk River,
Between Cohoes and Green Island

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 681, entitled
"An act to provide for the improvement and repair of the
dike across the fourth branch of the Mohawk river, between
the city of Cohoes and the village of Green Island, Albany
county, New York, and making an appropriation therefor."

Not Approved.

This dike, which is virtually a highway, is used by the street
railway company for that portion of its line which lies be-
tween Cohoes and Green Island. The matter may be left to
the Superintendent of Public Works to make proper arrange-
ments for its repair.

(Signed) CHARLES E. HUGHES.

Making an Appropriation to Provide for Changing and
Straightening the Channel of Starch Factory Creek
in the City of Utica

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 141 1, entitled
"An act to provide for changing and straightening the chan-
nel of Starch Factory creek, in the city of Utica, and for con-
structing a new concrete masonry culvert to carry said creek
underneath and across Broad street in said city, at a new
location, and making an appropriation therefor."

Not Approved.

The condition of the treasury will not permit this expendi-
ture to be made at this time.

(Signed) CHARLES E. HUGHES.

Vetoes 171

Providing for the Reconstruction of the Buildings of
the Long Island State Hospital

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Assembly Bill No. 16, entitled "An
act providing for the reconstruction of the buildings of the
Long Island State Hospital at Flatbush (Brooklyn), Long
Island."

Not Approved.

The ultimate disposition of this property is uncertain. The
questions that relate to it should be settled, and the title of the
State, if it is to continue to hold the property, should be placed
upon a secure basis, before expenditures are made that are
not absolutely required for occupancy meanwhile.

The repairs that are urgently needed may be provided for
out of the contingent fund ($250,000) which has been ap-
propriated for the Commission in Lunacy.

In passing upon a bill for improvements for the hospitals
for the insane I have called attention to the large amounts
which we are expending this year in connection with these
hospitals. A further appropriation as contemplated by this
bill, in addition to the contingent fund already allowed, can-
not in the circumstances be made.

(Signed) CHARLES E. HUGHES.

Making Appropriations for Certain Permanent Im=
provements at Fire Island State Park

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Assembly Bill No. 1542, entitled
"An act making appropriations for certain permanent im-
provements at Fire Island State Park."

172 Public Papers of Governor Hughes

Not Approved.

The supply bill carries as much as can be allowed for the
purposes of the park at this time, and this bill cannot be ap-
proved. **

(Signed) CHARLES E. HUGHES.

Making Additional Appropriations for Letchworth

Village

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 1262, entitled
"An act making additional appropriations for Letchworth Vil-
lage."

Statement of items of appropriations of money, contained in
said bill, which are severally objected to, to wit:

On page 1.

" 1. For the power and heating plant and the equipment
necessary at this time, seventy-five thousand dollars ($75,000),"

" 21. For a bakery, storehouse, and cold storage building,
forty-five thousand dollars ($45,000) ; "

" 3. For a laundry and equipment necessary at this time,
forty-five thousand dollars ($45,000) ; "

On page 2.

" 4. For a hospital and infirmary group of buildings, one hun-
dred fifty thousand dollars ($150,000) ;"

" 5. For a bridge, ten thousand dollars ($10,000) ;"
" 8. For a nurses' home, fifteen thousand dollars ($15,000) ;"
" 9. For a pole line, electric conduits and transformers, five
thousand dollars ($5,000) ; "

" 10. For steam conduits and piping, thirty thousand dollars
($30,000) ; "

Vetoes 173

By special bill there has been appropriated the sum of
$179,000 toward the carrying out of the plans for this institu-
tion. In addition, the general appropriation and supply .bills
carry items for maintenance, equipment, etc., amounting to
$63,800.

Certain items of the present bill have also been approved to
meet the urgent necessities of the present year.

No further appropriations can be allowed at this time.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the Improvement of the
Black River Canal

State of New York -^ Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Assembly Bill No. 270, entitled "An
act to provide for the improvement of the Black River canal,
and for the repair and reconstruction of the structures thereof,
between the northerly boundary of Boonville and Lyons Falls,
and making an appropriation therefor."

Not Approved.

The condition of the State treasury will not permit this
expenditure to be made at this time.

(Signed) CHARLES E. HUGHES.

Making Appropriations for Various Local Improvements

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with the bills specified below:
Assembly Bill No. 167, entitled "An act to provide for dredg-
ing Powell creek in the county of Nassau, for widening and
deepening the channel thereof, and making an appropriation
therefor."

174 Public Papers of Governor Hughes

Assembly Bill No. 168, entitled "An act making an appropria-
tion for dredging Mill creek and the Narrows to Long creek in
certain portions of the town of Freeport, in the county of
Nassau."

Assembly Bill No. 30, entitled "An act to provide for the con-
struction of a dike or dikes for the protection of property adja-
cent to the Delaware river in the city of Port Jervis, by the
completion of the work begun under chapter seven hundred and
sixteen of the laws of nineteen hundred and four, the acquisi-
tion of lands necessary for such purpose, and making an appro-
priation therefor."

Assembly Bill No. 319, entitled "An act to provide for the
completion of a dyke or dykes for the protection of property
adjacent to the Delaware river in the town of Highland, in the
county of Sullivan, and making an appropriation therefor."

Senate Bill No. 1540, entitled "An act to provide for widen-
ing and deepening the channel in the outlet of Keuka lake from
the lake to the steamboat docks in the village of Penn Yan, and
making an appropriation therefor."

Senate Bill No. 505, entitled "An act to provide for deepen-
ing and widening Tonawanda creek in the towns of Batavia and
Alexander, Genesee county, and making an appropriation there-
for."

Not Approved.

These bills provide for various local improvements which it is
desired should be made at the expense of the State.

It does not appear, however, that there is any special State
obligation in these cases. And in any event we have not the
money at this time to expend in these improvements.

Apart from this, improvements of this sort should be made
pursuant to a general system, so that all communities may be
dealt with impartially and according to the same rule. Under
the River Improvement Act provision is made, in cases within
its purview, for an ascertainment of the necessity for the im-
provement and for the just apportionment of its cost, so that the
share which may properly be borne by the localities benefitted
and by the State, respectively, may be determined.

Vetoes 175

So far as the improvements, contemplated in these bills, are
within that statute, proceedings should be taken thereunder, and
if there are other classes of cases which should be reached,
there should be a suitable amendment of the general law.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the State School of Agri-
culture at Canton

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 131, entitled:
"An act making an appropriation for the State School of Agri-
culture at Ca,nton, New York."

Statement of item of appropriation of money contained in said
bill which is objected to, to wit:

On Page 2.
"(g) For the purchase of land and farm buildings thereon,
twenty-six thousand dollars ($26,000)."

In view of the condition of the State treasury this additional
appropriation cannot be allowed at this time.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the Drafting and Revision
of Legislative Bills

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 2226, entitled
"An act to amend the legislative law, in relation to the drafting
and revision of legislative bills, and making an appropriation
therefor."

176 Public Papers of Governor Hughes

Not Approved.

In view of other demands upon our revenues, this appropria-
tion cannot be allowed.

(Signed) CHARLES E. HUGHES.

Making Appropriations for the State Institutions Re-
porting to the Fiscal Supervisor of State Charities

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 1795 (Senate re-
print No. 1220), entitled "An act making appropriations for the
state institutions reporting to the fiscal supervisor of state chari-
ties."

Statement of items of appropriations of money, contained in
said bill, which are severally objected to, to wit:

On Page 1, Under the Head of Western House of Refuge for
Women at Albion.

" For an iron fence, one thousand two hundred dollars ($1,-
200) ; "

On Page 2, Under the Head of New York State School for the
Blind at Batavia.

" for kindergarten building, thirty-five thousand dollars
($35,000)."

On Page 2, Under the Head of New York State Soldiers and
Sailors' Home at Bath.

" for an electric stove, five hundred dollars ($500) ; for a
food conveyor, three hundred fifty dollars ($350) ; "
" for iron screens, four hundred fifty dollars ($450) ; "
" for new sludge bed, two hundred fifty dollars ($250) ; "

Vetoes 177

" for machinery for carpenter shop, eight hundred dollars
($800) ; "

" for new corn house, three hundred dollars ($300) ; for re-
pairs to greenhouses, four hundred dollars ($400) ; "

On Pages 2 and 3.

" for additions to coal pockets, fifteen thousand dollars ($15,-
000);"

On Page 3, Under the Head of New York State Reformatory
for Women at Bedford.

" For steam facilities for laundry, two thousand five hundred
dollars ($2,500) ; "

On Page 3, Under the Head of Nezv York State Training
School for Girls, Hudson.

" for central hot water heating system, five thousand dollars
($5,000) ; "

" for two new cottages and outside connections, fifty-two
thousand dollars ($52,000) ; for alterations in first story of in-
dustrial building and additional laundry equipment, two thou-
sand four hundred dollars ($2,400) ; "

On Page 4, Under the Head of State Agricultural and Indus-
trial School at Industry.
" for tile for drainage, two thousand dollars ($2,000) ; "
" for ten silos, two thousand dollars ($2,000) ; for additional
cottages for boys, twenty-five thousand dollars ($25,000) ; for
additional land, twenty thousand dollars ($20,000) ; "

On Page 4, Under the Head of Thomas Indian School at Iro-
quois.
" for alterations of basement of school building for gymna-
sium, five hundred dollars ($500) ; "

On Page 4, Under the Head of Eastern New York Reformatory

at Napanoch.

" For hospital building, fifty thousand dollars ($50,000) ; "

178 Public Papers of Governor Hughes

On Page 5. Under the Head of New York State Custodial
Asylum for Feeble-Minded Women at Newark.

" For grading and seeding, one thousand dollars ($1,000) ; "
" for additional buildings to accommodate three hundred
and sixty inmates, one hundred eighty thousand dollars ($180,-
000) ; for enlarging and repairing hospital and building mor-
tuary, ten thousand dollars ($10,000) ; for additional land, ten
thousand dollars ($10,000) ; for additions and alterations to
laundry building, twenty thousand dollars ($20,000) ; "

" for an industrial building, twenty-five thousand dollars ($25,-
000) ; for a boundary fence, seven thousand five hundred dollars
($7,500)."

On Page 5, Under the Head of Nezv York State Woman's {Re-
lief Corps Home at Oxford.
" for making and grading roadway, three thousand dollars
($3,000) ; for grading in front and rear of hospital, three thou-
sand dollars ($3,000) ; "

On Page 6, Under the Head of New York State Hospital for
Treatment of Incipient Pulmonary Tuberculosis at Ray
Brook.
" for the alteration of the fourth floor of the administration
building as originally planned for an assembly hall, and comple-
tion of elevator thereto, seven thousand five hundred dollars

($7,500)."

On Page 6, Under the Head of Rome State Custodial Asylum.

" for addition to laundry and laundry equipment, nine thou-
sand five hundred dollars ($9,500) ; "

On Page 6, Under the Head of Craig Colony for Epileptics at

Sonyea.
" For house for first assistant physician, seven thousand five
hundred dollars ($7,500) ; for new coal trestle at central power
plant, twelve thousand dollars ($12,000) ; for blacksmith shop,
two thousand dollars ($2,000) ; "

Vetoes 179

" for addition to laboratory, and mortuary building, seven
thousand dollars ($7,000) ; for additions to west wing to Peter-
son hospital, twenty-five thousand dollars ($25,000) ; for a barn,
five thousand dollars ($5,000) ; for a veranda on south side of
hospital, four thousand dollars. ($4,000) ; "

On Pages 6 and 7.

" for sun rooms for four cottages, five hundred dollars
($500) ; "

On Page 7.

" for right of way, six hundred fifty dollars ($650) ; "

On Page 7, Under the Head of Syracuse State Institution for
Feeble-Minded Children.

" For high iron fence on north and west side of grounds, two
thousand dollars ($2,000) ; "

On Page 7, Under the Head of New York State Hospital fort
Care of Crippled and Deformed Children at West Haver-
straw.

" For new hospital buildings, fifty thousand dollars ($50,-
000) ; "

We have not the money to make these improvements at this
time. To maintain the existing work of the State, I have al-
lowed the items which, together with the general allowances for
repairs, are deemed essential. We have, in addition to the ap-
proved items of this bill, the further appropriations by special
bills for the new institution for epileptics (Letch worth Village),
amounting to $186,250, and for the Training School for Boys at
Yorktown, which is to take the place of the Randall's Island In-
stitution, amounting to $117,000.

There are also various reappropriations for betterments in the
several charitable institutions of the State.

(Signed) CHARLES E. HUGHES.

180 Public Papers of Governor Hughes

Making Appropriations for the State Prisons, the Mat-
teawan State Hospital for Insane Criminals and the
Dannemora State Hospital for Insane Convicts

State of New York — ■ Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Senate Bill No. 1465 (Assembly-
reprint No. 2636), entitled 'An act making appropriation for
repairs, renewals and betterments for the several state pris-
ons, the Matteawan State Hospital for Insane Criminals and
the Dannemora State Hospital for Insane Convicts."

Statement of items of appropriations of money, contained
in said bill, which are severally objected to, to wit:

On Page 2, Under the Head of For Sing Sing Prison.

" For enlarging and equipping cell hall for the condemned
prisoners, two thousand five hundred dollars ($2,500)."

" For equipping dormitory, three thousand dollars
($3,000)."

On Page 2, Under the Head of For Auburn Prison.
" For stairs from cell hall to chapel, three hundred and

fifty dollars ($350) ."

" For repairs to boiler, six hundred dollars ($600) ."

" For repairing plumbing in kitchen, one hundred and fifty

dollars ($150)."

On Page 2, Under the Head of State Prison for Women.

" For furniture for matron's house, one thousand two hun-
dred dollars ($1,200)."

" For repairs to sewage system, five hundred dollars
($500)."

On Page 3, Under the Head of Clinton Prison.

" For completion of prison wall, seven thousand dollars
($7,000)."

" For repairing and furnishing warden's house, one thou-
sand dollars ($1,000)."

Vetoes 181

On Page 3, Under the Head of Matteawan State Hospital.

" For refrigerating plant, two thousand seven hundred and
fifty dollars ($2,750)."

" For replacing cattle condemned by the state commissioner
of agriculture, one thousand dollars ($1,000)."

On Page 3, Under the Head of Dannemora State Hospital.

" For store room and cold storage plant, six thousand five
hundred dollars ($6,500)."

On Page 4, Under the Head of Dannemora State Hospital.

" For excavating and grading, one thousand five hundred
dollars ($1,500)."

" For purchase of forest land for protection of water sup-
ply, ten thousand dollars ($10,000)."

On account of the overcrowded condition of our prisons
and the serious situation at Sing Sing, we are carrying for-
ward plans for two new prisons. One is in progress at Great
Meadow; for the other, first located at Bear Mountain, an-
other site has been obtained at Wingdale, in Dutchess county.
By special bills $891,200 have been appropriated this year for
the Great Meadow Prison, and it is expected that accommoda-
tions will there be provided for several hundred prisoners
this fall. In view of this undertaking and the expected
abandonment of Sing Sing, it is not deemed advisable to ex-
pend any more money than necessary upon the latter prison.
In this and other cases, ordinary repairs are covered by the
general maintenance funds.

The items, above set forth, cannot be allowed at this time.

(Signed) CHARLES E. HUGHES.

182 Public Papers of Governor Hughes

Making an Appropriation for the Payment to Frederick
Skene of Money to Reimburse Him for Liability In-
curred While State Engineer in Receiving Moneys
from the Automobile Manufacturers' Committee as
Indemnity for Damages to State Highways

State of New York — Executive Chamber.

Albany, June 20, 1910.
Memorandum filed with Senate Bill No. 1325, entitled '"An
act making an appropriation for the payment to Frederick
Skene of money to reimburse him for liability incurred while
state engineer and surveyor, in receiving moneys from the
automobile manufacturers' committee as indemnity for dam-
ages to state highways and for expenses incurred in connec-
tion therewith."

Not Approved. 1 j

Aside from the question whether the State is liable in this
matter, I am advised that the litigation has not yet been
terminated.

(Signed) CHARLES E. HUGHES.

Amending the Code of Civil Procedure in Relation to
Current Docket Books

State of New York — Executive Chamber.

Albany, June 21, iqio.
Memorandum filed with Senate Bill No. 1467, entitled "An
act to amend the code of civil procedure, in relation to current
docket books."

Not Approved.

This bill provides for amendments of the code of civil pro-
cedure with respect to the judgment dockets to be kept by the
county clerks of New York, Kings, Queens and Richmond

Vetoes 183

counties. The justices of the Supreme Court of the Second
Judicial District, residing in the county of Kings, have in-
formed me of their unanimous opposition to the bill up5n the
following grounds :

" First, that so far as concerns the county ■ of Kings the
work intended to be done under this amendment is now being
done in the county of Kings under a system which has proved
workable, convenient and ample; and

" Second, in so far as the proposed legislation imposes upon
the county clerk of New York county the duty of appointing
subordinates to do the work required to be done under the
proposed act and renders the expenses incurred a charge
against the county of New York alone, it is the unanimous
opinion of the justices that the act is of doubtful constitution-
ality, in that it charges the county of New York alone with
county charges that ought to be imposed upon all of the
counties of Greater New York which are affected by the bill
in question."

The bill is not approved.

(Signed) CHARLES E. HUGHES.

Amending the Tax Law in Relation to Sales for Non-
Payment of Taxes in Warren County

State of New York — Executive Chamber.

Albany, June 23, 1910.
Memorandum filed with Senate Bill No. 1055, entitled "An
act to amend the tax law, in relation to sales for nonpayment
of taxes in Warren county."

Not Approved.

With respect to this bill the State Comptroller says :
"As it is the policy of the State to acquire title to lands in
counties embracing portions of the Forest Preserve, it has
been thought best to have all such counties return their un-

184 Public Papers of Governor Hughes

paid taxes on real property to this office and have the sale of
the land therefor made by the Comptroller, thus giving the
State an opportunity to acquire title to lands that it might not
have if the tax sales were held by the county treasurers.

" It has been contended that the provision requiring the
county treasurer to file with the Comptroller a ' statement of
all tracts or parcels of land situated in the forest preserve
which have been bid in by the county and have not been re-
deemed ' and directing the sale and conveyance to the State of
such of said parcels as the Comptroller should designate,
would accomplish this end.

" The experience of this Department with the counties of
St. Lawrence, Lewis, Oneida and Clinton does not bear out
this contention. The State has not secured title to any land
sold by the treasurers of either of said counties, and bid in
for such counties, since the enactment of the laws authorizing
such sales.

" In my opinion the enactment of this bill would not be in
the line of good public policy."

The bill is not approved.

(Signed) CHARLES E. HUGHES.

Amending the Tax Law Relative to Taxable Transfers

State of New York — Executive Chamber.

Albany, June 23, 1910.
Memorandum filed with Assembly Bill No. 2560, entitled
"An act to amend the tax law, relative to taxable transfers."

Not Approved.

This bill is not approved for the reasons stated in my
message to the Legislature under date of June 20, 19 10.

(Signed) CHARLES E. HUGHES.

Vetoes 185

Authorizing the City of Albany to Acquire Certain
Lands for a Public Park

Albany, June 25, 1910.
Memorandum filed with Senate Bill No. 1448, entitled "An
act to authorize the city of Albany to acquire certain lands
for a public park."

Not Approved.

This bill authorizes the city of Albany to acquire a certain
tract of land for the purposes of a public park. The tract is
bounded "on the north by State street; on the east by the
bulkhead line of the Albany basin ; on the south by Hamilton
street, and on the west by Broadway." The bill confers au-
thority to issue bonds to pay the necessary expense to the
amount of $2,000,000.

To justify this special provision of law in addition to the
ordinary powers of the city, there should appear to be some
exigency requiring it.

It has been suggested that it is important to the city that
the water front should be developed, but this bill has no rela-
tion to any development of the water front that is suited to
the city's needs. The tract to be acquired extends to the bulk-
head line but there is no provision for such improvements as
are suited to commerce or shipping or a desirable extension of
the facilities of trade.

The acquisition of this tract is stated in the bill to be for
the purpose of a " public park." This would seem to exclude
development for commercial purposes. No intelligible state-
ment of any exigency requiring such a park has been sub-
mitted to me; on the contrary, the proposition has evoked 3
vigorous protest on the part of citizens, which was voiced em-
phatically at the hearing.

If the city needs power to deal with any question affecting
its interests, the development of its commerce and the proper
improvement of its water front, it should seek appropriate
legislation for that purpose. But nothing appears which would
justify the approval of this bill.

(Signed) CHARLES E. HUGHES.

186 Public Papers of Governor Hughes

Amending, Consolidating and Revising the. Several
Acts Relative to the City of Amsterdam

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 2470, entitled
"An act to amend, consolidate and revise the several acts
relative to the city of Amsterdam."

Not Approved.

Section 13 of this bill, in part, provides as follows:

" the commissioner of public safety shall appoint a chief
engineer of the fire department and a chief of police who, in
his judgment, are best qualified to perform the duties of their
respective offices and they shall hold office during the pleasure
of such commissioner and may be summarily removed by him
at any time, without notice, the provisions of the local civil
service and of the state civil service boards or of any statute of
the state of New York as to such appointment or removal to
the contrary notwithstanding."

However well intentioned, this is a bald attempt, for the
purposes described, to override the Civil Service Law of the
State. Its language is explicit. The approval of the bill
would establish a vicious precedent.

If it is impracticable to apply the rule of competition to the
places above described, the result should be obtained by a
proper classification, pursuant to civil service rules lawfully
adopted. Thus it would be within the power of the municipal
civil service commission, acting with the approval of the mayor
of the city, and of the State Civil Service Commission to
classify the positions in the exempt class or grant other relief
in accordance with the provisions of the law. This course
undoubtedly would involve a proper application of the Civil
Service Law and also a fair determination of the question as
to the practicability of competitive examinations in the par-
ticular cases.

To seek, however, to make the law inoperative and to
nullify its entire method of procedure in these cases is en-

Vetoes 187

tirely unjustified from any point of view. The objection can
be met only by the suggestion that the provision would be
invalid, but evidently its validity has been counted upon.«

Controversy and uncertainty with respect to the legal status
of such important officers of the city would be most unfor-
tunate and should be avoided.

I regret that for these reasons I cannot see my way clear to
approve the bill.

(Signed) CHARLES E. HUGHES.

Amending Chapter Fifteen of the Laws of Nineteen
Hundred and Nine, entitled "An act in relation to the
civil service of the state of New York and the civil
divisions and cities thereof, constituting chapter
seven of the consolidated laws," in relation to the
power of removal.

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 2404, entitled
"An act to amend chapter fifteen of the laws of nineteen hun-
dred and nine, entitled 'An act in relation to the civil service
of the state of New York and the civil divisions and cities
thereof, constituting chapter seven of the consolidated laws,'
in relation to the power of removal."

Not Approved.

I shall not attempt to deal with the question of the advisa-
bility of the amendment in this bill relating to removals. This
would extend the provision now applicable to New York city,
to other portions of the State. There is a sharp conflict of
opinion as to the wisdom of such a provision.

Apart from this, there is another provision in the bill which
in any case woxild lead me to disapprove it.

188 Public Papers of Governor Hughes

The bill amends the Civil Service Law so as to provide that
whenever positions in the competitive class are abolished or
made unnecessary, the persons holding them shall be deemed
to be suspended without pay and " shall be entitled to rein-
statement in the same or any corresponding or similar posi-
tion if within three years thereafter there is need for his
services." This would extend the right of reinstatement to
three years and apply to the public service of the entire State.
While such a measure may be desirable from the standpoint
of those in the employ of the State, I believe it to be opposed
to the interest of the State as a whole. The period is too
long. There is in effect a preferred list for three years, not
simply for the department from which the employees have
been dropped, but with regard to " any corresponding or simi-
lar position." The requirements of justice to the employee
whose services are dispensed with can be met by a more
limited period.

The purpose is not simply to provide that the suspended
employee may be appointed within three years to similar work,
but the suspended list is made a preferred list, and appoint-
ments cannot be made from any other list until it is
exhausted.

Undoubtedly there will be hard cases, but the system should
be adjusted to the average results of experience. Save in ex-
ceptional circumstances, the probability is that the least effi-
cient will be retired as places become unnecessary ; and while a
reasonable opportunity should be afforded for reinstatement,
the long period of life for the suspended list, the obligatory
feature to which I have referred, and the necessity of draw-
ing upon the list in all departments, with respect to the same
class or grade of work, would be injurious to the public
service.

The bill is disapproved.

(Signed) CHARLES E. HUGHES.

Vetoes 189

Providing a Charter for the City of Melzinga

State of New York — Executive Chamber. ,

Albany, June 25, 1910.
Memorandum filed with Senate Bill No. 1591, entitled "An
act to provide a charter for the city of Melzinga."

Not Approved.

This charter lacks suitable provision for the holding of the
first election by which the officers of the new city are to be
chosen. The scheme of section 245 fails sufficiently to pro-
vide for the necessary machinery and is conspicuously want-
ing in those provisions which have been deemed essential to
new charters. My examination of this bill has led me to the
conclusion that the omissions are not sufficiently supplied by
other provisions of the charter or by references to the Election
Law.

It is better to postpone the creation of the new city, and to
start right, than to have the life of the municipality begin in
controversy, involving the status and title to office of all its
officers.

This consideration is apart from the effect of the invalidity
of the test which it is sought to apply to candidates for office
under sections 159 and 168, which would seem to be in con-
travention of section 1 of article 13 of the Constitution,

I am satisfied that serious entanglements would follow the
approval of this bill and that those portions which admit of
serious criticism should be eliminated before the charter takes

effect

(Signed) CHARLES E. HUGHES.

190 Public Papers of Governor Hughes

Bills Affecting the City of New York— Not Accepted
by the City

State of New York — Executive Chamber.

Albany, June 25, 1910.

Memorandum filed with bills specified below.
Not Approved. '

These bills contain provisions affecting the city of New
York and have not been accepted by the city.

Assembly Bill No. 2645, entitled "An act to amend chapter
three hundred and ninety of the laws of nineteen hundred and
nine, entitled 'An act to authorize the acquisition of a site for,
and the construction of a court house in the county of Kings,
and to provide for the maintenance thereof,' in relation to
selecting and acquiring such site and the construction and
maintenance of such court house."

Senate Bill No. 1023, entitled "An act to amend the public
health law, in relation to payment of fines to the pedic society
of the state of New York."

Senate Bill No. 1029, entitled "An act to amend the public
health law, in relation to payment of fines to the New York
state nurses' association."

Senate Bill No. 1030, entitled "An act to amend the public
health law, in relation to the payment of fines, penalties and
forfeitures to the state dental society."

Senate Bill No. 1032, entitled "An act to amend the public
health law, in relation to fines payable to medical societies."
(Signed) CHARLES E. HUGHES.

Miscellaneous Measures

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with bills specified below.
Not Approved.

If the present restrictions of the general law operate un-
justly, suitable amendment should be made. But the relief

Vetoes 191

should be extended to all within the classes of cases demand-
ing it as they may be defined by general legislation.

The bills above referred to are as follows : •

Assembly Bill No. 806, entitled "An act to authorize the
comptroller of the state to hear and determine the application
of Eli Christman for cancellation of a tax sale made by the
comptroller in nineteen hundred of a portion of lot number
seventeen, Lott & Low's patent,- in the town of Stratford,
Fulton county."

Assembly Bill No. 2233, entitled "An act to authorize the
comptroller of the state to hear and determine the applica-
tion of George D. Baldwin for the cancellation of tax sale
made in the year eighteen hundred and forty-eight of sublot
one of lot twenty-four, Palmer's purchase, middle division,
Hamilton county."

Assembly Bill No. 990 (Senate reprint No. n 84), entitled
"An act authorizing the board of estimate and apportionment
of the city of New York to hear and determine, and the comp-
troller of the city of New York to pay the claim of Donald
Grant against the city of New York."

Assembly Bill No. 2479, entitled "An act to authorize the
state comptroller to release to Ludwig Olsen all of the right,
title and interest of the state in certain lands in the town of
Kingston, in the county of Ulster, heretofore acquired by the
state at the annual tax sale in said county in the year eighteen
hundred and ninety^five."

Senate Bill No. 1234, entitled "An act to release to the
successors in interest of the Mount Pleasant Cemetery Asso-
ciation of Kings county according to their respective inter-
ests all of the right, title and interest of the people of the
state of New York in and to certain real estate situated in
the borough of Brooklyn, county of Kings, and state of New
York, acquired by escheat or otherwise, upon the death of
Paul Pontau."

Assembly Bill No. 2413, entitled "An act authorizing the
commissioners of the land office to complete the sale by grant
and conveyance of certain unappropriated state lands."

(Signed) CHARLES E. HUGHES.

192 Public Papers of Governor Hughes

Authorizing the Board of Supervisors of Erie County
to Pay to Various Towns of Erie County and the City
of Tonawanda Sums of Money Illegally Charged
Against Their Taxable Property — Not Passed by the
Legislature

State of New York — Executive Chamber.

Albany, June 25, 1910.

Memorandum filed with Senate Bill No. 298, entitled "An
act authorizing and directing the board of supervisors of Erie
county to pay to various towns of Erie county and the city of
Tonawanda certain items or sums of money illegally charged
against the taxable property, inhabitants and corporations of
said towns in the various annual tax rolls and warrants for
said towns, and authorizing the county of Erie to issue its
bonds with which to make such payments, and legalizing the
previous acts of the several town boards in said county in re-
lation to collecting such sums."

Not Approved.

From the information I have received from the journal
clerk of the Assembly, and from the entries on the Assembly
journal, I am satisfied that this bill is not properly before me,
not having passed the Legislature.

(Signed) CHARLES E. HUGHES.

Vetoes 193

Amending the Personal Property Law Relative to
Transfers of Shares of Stock in Corporations

State of New York — Executive Chamber.

Albany, June 25, 19 10.
Memorandum filed with Assembly Bill No. 2597, entitled
"An act to amend the personal property law, relative to trans-
fers of shares of stock in corporations."

Not Approved.

This bill is intended to embody one of the " uniform
laws " which it is desired should be adopted by all of the
States. It relates to an important subject upon which there
should be uniformity among the States, and I regret that I
cannot approve the bill. But an examination discloses certain
informalities and defects which should not be ignored. For
example, in section 166, it is provided as follows:

" The delivery of a certificate to transfer title in accordance
with the provisions of section one is effectual, except as pro-
vided in section seven, though made by one having no right
of possession and having no authority from the owner of the
certificate or from the person purporting to transfer the title."

There is no " section one," and there is no " section seven "
to which the section can refer. It may be supposed that in
some draft the sections were numbered differently, but this
does not appear from the bill or from the legislative records.

There are other defects and certain informalities which can
readily be cured.

For example, in one place the word " not " is wrongly in-
serted so that the reading is exactly opposite to the intention.

If the statute as here proposed is to form a part of the
Personal Property Law, the adjustment of the statute to that
law should be made by appropriate references. In the present
bill the descriptions are inapt.

In a matter of this importance it is better to wait a few
months and to have the statute in proper form, than to place
it upon the books as it is proposed by this bill.

(Signed) CHARLES E. HUGHES.
7

194 Public Papers of Governor Hughes

Amending the Tax Law in Relation to the Assessment
of Waste or Barren Lands Which Have Been
Planted with Trees

State of New York — Executive Chamber.

Albany, June 25, 1910.

Memorandum filed with Assembly Bill No. 2286, entitled
"An act to amend the tax law, in relation to the assessment
of waste or barren lands which have been planted with trees."

Not Approved.

This bill has been criticised by the State Tax Commission
upon grounds which seem to be well taken. It is necessary
that the scheme of encouraging the growth of timber by ex-
empting it from taxation during the period of its growth
should be very carefully worked out. While this is an im-
provement on last year's bill, it is still inadequate.

(Signed) CHARLES E. HUGHES.

Amending the Code of Civil Procedure and Repealing
Certain Sections Thereof in Relation to Actions to
Recover Real Property

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 2069, entitled
"An act to amend the code of civil procedure and repealing
certain sections thereof, in relation to actions to recover real
property."

Not Approved.

The purpose of this bill is to abolish the absolute right to a
second trial, and the discretionary rights to a third trial, in
an ejectment suit. I am in entire sympathy with this pur-
pose and I regret that I cannot see my way clear to sign this
bill.

Vetoes 195

But there are other considerations, with regard to public
rights, which I cannot ignore. Important litigation is pend-
ing with respect to the title of the State to lands in the* forest
preserve. From such information as I have relating to the
circumstances of this litigation, I am unwilling to take the
responsibility of- depriving the State, by the approval of this
bill, of the rights it now enjoys.

(Signed) CHARLES E. HUGHES.

Amending the Labor Law in Relation to Prescribing the
Compensation of Certain Employees in the Highway
Department and in the Construction of the Barge
Canal

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 1296 (Senate
reprint No. 1535), entitled "An act to amend the labor law,
in relation to prescribing the compensation of certain em-
ployees in the highway department and in the construction
of the barge canal."

Not Approved.

This provides that all employees of the State who are under
the direction of the State Engineer and Surveyor or the State
Department of Highways and are now receiving compensa-
tion at the rate of two dollars a day shall receive " when em-
ployed as axemen " two dollars and a half a day.

In other words, it provides that axemen shall be paid two
dollars and a half a day.

But there is no necessity for a statute in this case. I am
advised by the State Civil Service Commission that the rate
of compensation can be changed by the heads of the depart-
ments, with the approval of the Commission.

(Signed) CHARLES E. HUGHES.

196 Public Papers of Governor Hughes

Legalizing the Tax Election Held in the City of Niagara
Falls in Nineteen Hundred and Nine Authorizing the
Purchase of Certain Real Property

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 2352, entitled
"An act to legalize the tax election held in the city of Niagara
Falls on the ninth day of November, nineteen hundred and
nine, authorizing the purchase of certain real property and the
issuance of bonds of said city for such purpose, and to au-
thorize the issuance of such bonds and the levy and collection
of taxes for the payment of the principal and interest
thereof."

Not Approved.

In the notice of the special election to which this bill re-
lates the qualified electors were called upon to vote upon the
proposition whether certain premises should be acquired " for
the purpose of a public park or city hall." The charter pro-
vides that the notice shall state " for what particular purpose "
the money in question is to be raised, or the property taken.
This notice being in the alternative, as above stated, was
radically defective, and the election with the proposal in such
form could not serve the purpose for which the statute in-
tended it. In such a case it does not seem to me that the
election should be legalized.

(Signed) CHARLES E. HUGHES.

Incorporating the City of White Plains

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Senate Bill No. 1633, entitled "An
act to incorporate the city of White Plains."

Not Approved.

Many objections have been urged to provisions of this
charter, but it is not necessary to deal with them further

Vetoes 197

than to say that there was disclosed upon the hearing a strik-
ing lack of agreement among the citizens as to the advisability
of its adoption. *

Apart from these objections it appears that the new city of
White Plains would begin its existence, if this charter were
approved, with an indebtedness already exceeding the consti-
tutional limitation. It would be without that borrowing ca-
pacity which would enable it properly to discharge its function
as a city. The difficulty could not be eured by legislative
authority, for the city would be under the constitutional re-
striction from which the Legislature could not relieve it.
How long this condition would exist it is impossible now to
say. But apparently it would continue for a considerable
period.

It seems to me decidedly important that the communities
affected by this bill should not be incorporated into a city un-
til the city can be established upon a proper financial basis.

Certainly such action should not be taken against sub-
stantial objection.

(Signed) CHARLES E. HUGHES.

Amending the Lien Law by Inserting in Article Eight
a New Section Providing for a Lien in Favor of Fac=
tors, Commission Merchants and Private Bankers
upon Certain Merchandise and the Proceeds Thereof

State of New York — Executive Chamber.

Albany, June 25, 1910.

Memorandum filed with Assembly Bill No. 2361 (Senate re-
print No. 1573), entitled "An act to amend the lien law, being
chapter thirty-three of the consolidated laws, by inserting in
article eight thereof a new section, to be known as section
one hundred and eighty-six, providing for a lien in favor of

198 Public Papers of Governor Hughes

factors, commission merchants and private bankers upon cer-
tain merchandise and the proceeds thereof."

Not Approved.

The proposed amendment to the Lien Law is intended for
the protection of a class of business which has grown up in
recent years in which commission merchants make advances
against the sales of goods which are largely in charge of the
manufacturers or owners themselves or of selling agents act-
ing for the owners or consignors. The nature of these
transactions is such that it is frequently difficult to maintain
the possession which is essential to the factor's lien.

But while this bill has been drawn to meet the exigencies
of those who are conducting their business in good faith, it
would, among the less scrupulous, facilitate secret liens and
fraudulent transactions.

Where it may be deemed sound policy to permit a lien by
statute in the absence of actual possession, notice of the lien
should be required by the filing in a public office of suitable
and adequate information with respect to the lien and the per-
sons, property and places which it concerns.

The present bill is lacking in essential safeguards and I can-
not approve it.

(Signed) CHARLES E. HUGHES.

Amending the Charter of the City of Oswego in Relation
to Authorizing the City to Issues Bonds for the Con=
struction of Certain Sewers Therein and a Sewage
Disposal Plant Therefor

State of New York — .Executive Chamber.

Albany, June 25, 19 10.

Memorandum filed with Assembly Bill No. 1711, entitled

"An act to amend- chapter three hundred and ninety-four of

the laws of eighteen hundred and ninety-five, entitled 'An act

to revise the charter of the city of Oswego,' in relation to

Vetoes

199

authorizing the city of Oswego to issue bonds for the con-
struction of certain sewers therein and a sewage disposal
plant therefor."

Not Approved.

The charter provides for the building of sewers on a basis
which permits not more than one-half of the cost to be met by-
general assessment. The charter also provides for the sub-
mission to a vote of the taxpayers of the city whether bonds
shall be issued for any municipal purpose.

This bill authorizes the construction of certain described
sewers at the expense of the city at large, which is to be met
in the first instance by issues of bonds amounting to $150,000
without a submission of the question to the taxpayers.

The bill is strongly objected to upon the ground that the
cost is not equitably distributed, that adequate plans have not
been made, and that such a large increase in the indebtedness
of the city should not be authorized without permitting the
qualified electors to pass upon it.

From such information as I have received I have reached
the conclusion that there is no such exigency as would war-
rant the course authorized by this bill, and that the objection
to the bill on the ground that it does not provide for a suit-
able submission of the proposition to the taxpayers is well
taken.

The bill is not approved.

(Signed) CHARLES F,. HUGHES.

Amending the State Boards and Commissions Law in
Relation to the Ownership of River Improvements and
the Assessment of the Amount of Benefit Received
Thereby

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 213 1, entitled
"An act to amend chapter fifty-six of the laws of nineteen

200 Public Papers of Governor Hughes

hundred and nine, entitled 'An act in relation to state boards
and commissions, constituting chapter fifty-four of the con-
solidated laws,' in relation to the ownership of river improve-
ments and the assessment of the amount of benefit received
thereby."

Not Approved.

The purpose of this, bill is to facilitate the making of im-
portant water power developments under the provisions of the
statute relating to river improvement. The River Improve-
ment Act was designed to relieve conditions menacing the
public health and safety and it may be questioned whether in
any event it would be adequate to the plans contemplated by
this measure.

It is apparent, for reasons which I have repeatedly stated in
my messages to the Legislature, that there is need for appro-
priate legislation to secure the advantages which would flow
from water power development, not limited to mere consid-
erations of public health and safety. We should have a
comprehensive scheme so that the sources of industrial power
in this State may be properly availed of : and that we may
have that extension of industry under conditions safeguard-
ing the public interest which will greatly promote the common
prosperity.

This bill, however, presents no such plan and, in what it
does provide, is plainly unsatisfactory.

It is suggested that it contemplates cases where the entire
cost of the improvement is to be borne by municipalities and
individuals benefited and not by the State; still it is not so
limited and is an amendment to the general law which pro-
vides for contributions by the State as well as by municipali-
ties and individuals where it appears and is determined that
the State should bear a portion of the expense.

The provision made by the bill for State control over the
improvement is inadequate. We have already in the law
(State Boards and Commissions Law, section 21) the general
provision that " The care, control, operation and maintenance
of improvements to rivers and water courses provided for in

Vetoes 201

this article shall devolve upon the commission." This, al-
though general, may be sufficient for the sort of river im-
provement that was in view when the statute of which this
provision forms a part was enacted ; but if the River Improve-
ment Act could be treated as sufficient in scope to embrace
the large projects of water power development now contem-
plated, the relation of the State should be more definitely pre-
scribed.

This bill first provides that '" the title and ownership of all
lands, properties and interests taken for such improvement "
shall vest in the people of the State of New York " after the
payment of the final assessment under the provisions of this
article for the cost of an improvement, including bonds, cer-
tificates and other liabilities incurred."

As the bonds, under the statute, may run for fifty years,
this language contemplates in such a case the vesting of title
in the State at the end of the fifty years, when the bonds are
finally paid. The reference is to " lands, properties and in-
terests taken for such improvement." If lands, properties and
interests had already been taken, in making the improvement,
under the provisions of the act relating to purchase and con-
demnation by the Commission on behalf of the State, it would
seem that the title had already been acquired. If the bill re-
fers to other properties, the question at once occurs, what
properties are meant and what precisely is to vest in the State
when the bonds are paid? In this respect the bill is alto-
gether too vague and uncertain.

The bill further provides that " after the levy of the afore-
said final assessment " the Commission shall annually deter-
mine " the amount of benefit collectively received by the
lands, properties, interests and municipalities, which amount
however shall never exceed a sum equal to five per centum
per annum upon the original cost of such improvement." The
said amount is to be collected and paid over in the same man-
ner as provided for the collection and payment of the original
cost of the improvement, and is to be paid, after the deduc-
tion of expenses and maintenance, into the treasury of the
State for the benefit of the general fund.

2Q2 Public Papers of Governor Hughes

The language I have quoted of course does not mean that
the actual benefit received by the properties, interests and
municipalities benefited shall never exceed the said five per
cent. It means that, whatever the actual benefit may be, the
State shall not be permitted to obtain a larger annual return
than the said five per cent, and this is provided with respect
to a period perhaps fifty years hence.

The intention evidently is to secure the application of the
River Improvement Act to projects of water-power develop-
ment by the inducement afforded by this provision for a re-
turn to the State. The bill admits the principle that there
should be a return to the State upon the improvement, but
admitting the principle, there appears to be no justification
for the limitation provided for in the bill.

If the State is to make assessments annually for benefits
derived from the water-power development, it is plain that
these benefits should be determined justly and that the assess-
ment should be fixed fairly with respect to them. This bill
provides no adequate machinery for these purposes, but
simply imposes now an arbitrary limitation with respect to
what may be fair in the future, say at the end of fifty years.

The bill further provides that " lands, properties and inter-
ests " while subject to taxation under the provisions of the
statute, " shall not be assessed for general taxation upon any
increase in the value thereof by reason of any such improve-
ment."

Such a measure cannot be approved. So far as the State
is concerned, it is vague in part and unduly restrictive in part.
So far as water-power development is concerned, it does not
afford an adequate scheme to relieve the necessities of industry
or to meet the wants of the people.

I have been very desirous that there should be a proper
plan by which our water powers can be developed on a basis
fair to all; but the details of such a plan need to be worked
out carefully, and I do not believe this can be done by a mere
addition to the River Improvement Act.

(Signed) CHARLES E. HUGHES.

Vetoes 203

Increasing Two Hundred Thousand Dollars the Bonds
to be Issued by the State in the Acquisition of a
Reservation at Saratoga Springs

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 2601, entitled
"An act to amend chapter five hundred and sixty-nine of the
laws of nineteen hundred and nine, entitled 'An act to authorize
the selection, location and appropriation of certain lands in the
town of Saratoga Springs, for a state reservation, and to pre-
serve the natural mineral springs therein located, and making
an appropriation therefor, and authorizing an issue of bonds to
pay such appropriation.' "

Not Approved.

This bill provides for an increase of $200,000 in the bonds to
be issued by the State in the acquisition of a reservation at
Saratoga Springs so as to make the total authorized issue
$800,000.

There is no exigency which would justify this increase.

The investigations conducted by the Commission appointed
under the act of 1909 have confirmed the view of the import-
ance to the people of the State of conserving the mineral springs
at Saratoga, and of the propriety of action by the State to that
end. The Commission has been deeply interested in the matter
and, at the same time, careful to safeguard the State against
an improvident outlay.

The litigation under the act of 1908, with respect to pump-
ing, is still in progress ; and, while negotiations have been under
way, the offers received have not been such as to permit a satis-
factory arrangement for the acquisition upon reasonable terms
of the properties essential to the reservation. There is no suffi-
cient ground, in my judgment, for a further appropriation.

The bill is not approved.

(Signed) CHARLES E. HUGHES.

204 Public Papers of Governor Hughes

Amending the State Boards and Commissions Law in
Relation to Apportioning, Collecting and Paying the
Cost of Improvements in Water Courses, in Certain
Cases, and in Relation to the Conservation, Develop-
ment and Regulation of the Water Resources Within
the State for the Public Use and Benefit

State of New York — Executive Chamber.

Albany, June 25, 1910.

Memorandum filed with Assembly Bill No. 2382 (Senate re-
print No. 1635), entitled "An act to amend the state boards and
commissions law, in relation to apportioning, collecting and pay-
ing the cost of improvements in water courses, in certain cases,
and in relation to the conservation, development and regulation
of the water resources within the state for the public use and
benefit."

Not Approved.

Section 25 of the State Boards and Commissions Law which
this bill amends is entitled, " State jurisdiction of the improve-
ment of water courses at private expense." The amendment
largely extends the provisions of former section 25 and con-
templates plans of improvement to which the State may con-
tribute. It strikes out the former reference to the requirements
of public health and safety as the condition of the improvement,
and substitutes the words "public uses and purposes." It
would seem to provide for any improvement of water courses
which may be regarded as for a public use. For this purpose
the State Water Supply Commission is to investigate the im-
portance of the plan of improvement submitted, and if it is
approved, it is to make an estimate of cost and determine " the
several portions thereof to be borne, respectively, by the state,
by the village or other municipality or civil division, and by the
property owners collectively benefited by the improvement."

If we are to have provision for the use of State moneys in
the improvement of streams, not limited to considerations of
public health and safety, but generally for public uses, includ-
ing water power development, careful provision should be made

Vetoes 205

to safeguard the interests of the State, to maintain its proper
control and to secure a fair return for the benefits conferred.

This bill in its definitions and in its provisions for inquiry
and planning by the various State departments contemplates
extensive water-power development. Legislation appropriate to
this end has not yet been enacted. And my examination of this
bill, considering the scope of application which the amended
section 25, read in connection with its context, would seem to
permit, has satisfied me that it does not afford a suitable scheme
for the protection of the State, and that it should not become a
law.

It is to be regretted that a comprehensive measure for water-
power development, with the. necessary details for the execution
of a proper plan, has not been provided. The State Water
Supply Commission will undoubtedly continue its investigations,
and this bill is not needed for that purpose.

The bill is not approved.

(Signed) CHARLES E. HUGHES.

Special City Bills Not Accepted by the Cities in

Question

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with bills specified below-

Not Approved.

The following bills have not been approved for the reason
that they are special city bills and were not accepted by the
cities in question in accordance with the Constitution.

Senate Bill No. 1439, entitled "An act to amend section one
hundred and ninety-three of chapter twenty-two of the laws of
nineteen hundred and nine, known as the election law, being
chapter seventeen of the consolidated laws, in relation to the
elections."

Senate Bill No. 1656, entitled "An act to amend the Greater
New York charter, relating to the opening of streets and parks

206 Public Papers of Governor Hughes

and the acquisition of title in fee or to an easement therein, or
in lands for public purposes not elsewhere provided for."

Senate Bill No. 324, entitled "An act to authorize and em-
power the board of estimate and apportionment of the city of
New York to examine and inquire into, audit, allow and provide
for paying the claims of the employees of the department of.
docks and ferries of such city."

Senate Bill No. 910, entitled "An act to amend the code of
civil procedure, in relation to interpreters in the city court of the
city of New York."

Senate Bill No. 1175, entitled "An act to appropriate the sum
of seven hundred and twenty dollars annually, for the benevo-
lent fund of the Williamsburg Volunteer Firemen's Associa-
tion."

Senate Bill No. 821, entitled "An act to amend the Greater
New York charter, in relation to creating two additional munic-
ipal court districts in the borough of The Bronx, the election
of justices, and the appointment of officers therefor, and the
equipment of courts therein."

Senate Bill No. 1128, entitled "An act to amend the Greater
New York charter, in relation to the control of West Ninety-
sixth street by the department of parks of the city of New
York."

Senate Bill No. 1414, entitled "An act to amend the Greater
New York charter, in relation to the powers of the police com-
missioner to rehear applications for pensions."

Senate Bill No. 1156, entitled "An act to amend the Greater
New York charter, in relation to the establishment of day
nurseries and the acquisition of land and buildings therefor."

Senate Bill No. 1213, entitled "An act to amend chapter six
hundred and sixty-five of the laws of eighteen hundred and
ninety-seven, entitled An act to lay out and establish and con-
struct a public drive and parkway in the city of New York as an
extension of Riverside Drive to the Boulevard Lafayette,' in re-
lation to the area of assessment."

Senate Bill No. 72, entitled "An act providing that the police
commissioner of the city of New York, in his discretion, may
reappoint William C. Hoffman, an ex-policeman of the city of
New York, who resigned from said police department."

Vetoes 207

Senate Bill No. 11 14, entitled "An act to amend the Greater
New York charter, in relation to contracts and local improve-
ments."

*

Senate Bill No. 1559, entitled "An act to amend the Greater
New York charter, relative to the board of education."

Senate Bill No. 778, entitled 'An act to amend the Greater
New York charter, in relation to bonds and obligations of the
city."

Senate Bill No. 1111, entitled "An act to amend the Greater
New York charter, in relation to the department of docks and
ferries."

Senate Bill No. 1580, entkled "An act creating a state water
supply commission to investigate water supply conditions in
the county of Westchester, and making an appropriation there-
for."

Assembly Bill No. 245 (Senate reprint No. 1650), entitled
"An act to authorize the board of estimate and apportionment
of the city of New York to hear and determine the claims of
John R. Nugent and Henry J. Jackson."

Assembly Bill No. 1083 (Senate reprint No. 1649), entitled
"An act to permit the fire commissioner of the city of New
York to determine the amount of pension to be allowed to
James H. Ballentine from the firemen's pension fund."

Assembly Bill No. 2048, entitled "An act to amend section
three hundred and thirty-five of the code of civil procedure, in
relation to attendance in the city court of the city of New
York."

Assembly Bill No. 2568, entitled "An act to authorize the
board of assessors of the city of New York to determine the
damages sustained by owners of real property on Jackson
avenue, Flushing creek, in the borough of Queens, city of New
York, and on Broadway in the former town of Flushing, Long
Island, now the city of New York, by reason of the construc-
tion of a bridge with the approaches thereto over Flushing
creek at Jackson avenue, borough of Queens, city of New York,
and Broadway in the former town of Flushing, now the city
of New York."

Assembly Bill No. 823 (Senate reprint No. 1653), entitled
"An act to confer certain rights upon the city of Mount Vernon

208 Public Papers of Governor Hughes

and upon the city of New York, with respect to supplying water
to the said city of Mount Vernon and the inhabitants thereof
from the water supply of the city of New York."

Assembly Bill No. 2392, entitled "An act to provide for a
supply of pure and wholesome water for the city of Mount
Vernon; and for the acquisition of lands or interests therein,
and for the construction of the necessary reservoirs, dams,
aqueducts, filters and other appurtenances for that purpose;
and for the appointment of a commission with the powers and
duties necessary and proper to attain these objects."

Assembly Bill No. 2563 (Senate reprint No. 1646), entitled
"An act to amend the Greater New York charter, in relation
to establishing a public recreation commission."

Assembly Bill No. 2572, entitled "An act to amend the
Greater New York charter, in relation to official newspapers in
the boroughs of Queens, Richmond and The Bronx."

Assembly Bill No. 2673, entitled "An act to amend the
Greater New York charter, in relation to allowances for blind
persons and appropriations therefor, and making temporary,
provision for raising funds for the present increase of such
allowances."

Assembly Bill No. 1736, entitled "An act to amend the
Greater New York charter, in relation to payments from the.
public school teachers' retirement fund."

Assembly Bill No. 1966, entitled "An act to authorize the
city of Corning to issue bonds in a sum not exceeding twenty
thousand dollars for the purpose of erecting a garbage incin-
erating plant for such city."

Assembly Bill No. 1466, entitled "An act to amend chapter
three hundred and thirty-five of the laws of eighteen hundred
and sixty-eight, entitled 'An act to incorporate the city of
Ogdensburg,' in relation to powers of the board of health, and
repealing certain sections thereof relating to the powers of the
common council."

Assembly Bill No. 2661, entitled "An act to amend chapter
one hundred and five of the laws of eighteen hundred and
ninety-one, entitled An act to revise the charter of the city of
Buffalo,' in relation to janitresses of the police department."

(Signed) CHARLES E. HUGHES.

Vetoes 209

Duplicates, unnecessary, defectively drawn, embraced
in or in conflict with bills already signed, unconstitu=
tional, for purposes which can be suitably accom-
plished under general laws, or should be provided for,
if at all, by amendments to the general law, or objec-
tionable and inadvisable by reason of proposed
changes. — The Omnibus Veto

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with bills specified below:

Not Approved.

The following bills are not approved because they are either
duplicates or unnecessary, or are defectively drawn, or are em-
braced in or in conflict with bills already signed, or are un-
constitutional, or are for purposes which can be suitably
accomplished under general laws, or should be provided for,
if at all, by amendments to the general law, or are objectionable
and inadvisable by reason of proposed changes.

Senate Bill No. 1311, entitled "An act to make an appro-
priation for the payment of the judgments of the court of
claims, in claims other than those on account of the canals of
this state."

Assembly Bill No. 2353, entitled "An act to make an appro-
priation for the payment of the judgments of the court of
claims, in claims arising on account of the canals of this state."

Assembly Bill No. 171 3, entitled "An act to amend the in-
sanity law, in relation to the reimbursement of the state for
the support of inmates of state hospitals and the enforcement
of the state's claims therefor."

Assembly Bill No. 2587, entitled "An act to establish a hos-
pital commission for the city of Yonkers and to provide for
the care of persons in said city suffering from tuberculosis in
advanced stages."

Assembly Bill No. 2452, entitled "An act relating to the
repeal of certain sections of the membership corporations law,
in relation to the tax upon the gross receipts of trotting or run-
ning race meetings within the state."

210 Public Papers of Governor Hughes

Senate Bill No. 359, entitled "An act to amend the forest,
fish and game law, in relation to the taking of deer on Long
Island."

Senate Bill No. 888, entitled "An act to amend article four
of chapter fifty-one of the laws of nineteen hundred and nine,
entitled 'An act in relation to public officers, constituting chap-
ter forty-seven of the consolidated laws,' relative to the grant-
ing of vacations to certain state employees."

Senate Bill No. 1419, entitled "An act to amend the highway
law, in relation to the description of route number five."

Assembly Bill No. 906, entitled "An act to amend the high-
way law, in relation to the course of route number two, in the
county of Columbia."

Assembly Bill No. 353, entitled "An act to amend chapter
two hundred and forty-two of the laws of nineteen hundred
and six, entitled 'An act to amend, revise and consolidate the
charter of the village of Ossining, and to extend the bound-
aries of said village,' relative to village boundaries."

Assembly Bill No. 1604, entitled "An act to amend the tax
law, relative to the time of making special franchise valuations
by the state board of tax commissioners."

Assembly Bill No. 2605, entitled "An act to amend the agri-
cultural law, in relation to the shipping of calves under four
weeks of. age."

Assembly Bill No. 1937, entitled "An act to amend chapter
one hundred and twenty-eight of the laws of eighteen hundred
and ninety-nine, entitled 'An act to incorporate the city of New
Rochelle,' in relation to the police force of said city and the
compensation thereof."

Assembly Bill No. 2450, entitled "An act to amend chapter
one hundred and twenty-eight of the laws of eighteen hundred
and ninety-nine, entitled 'An act to incorporate the city of New
Rochelle, in relation to the power of the common council."

Assembly Bill No. 2256 (Senate reprint No. 1625), entitled
"An act to amend the highway law, in relation to state-county
highways, and connecting highways, in villages."

Senate Bill No. 1556, entitled "An act to amend the village
law, in relation to the power of a village to borrow money for
certain purposes."

Vetoes 211

Assembly Bill No. 445, entitled "An act to amend the public
service commissions law, in relation to the transportation of
certain persons by common carriers at reduced rates." »

Assembly Bill No. 1828, entitled 'An act to amend the tax
law, in relation to taxable transfers and exceptions thereto."

Assembly Bill No. 1540 (Senate reprint No. 1491), entitled
"An act to amend the forest, fish and game law, in relation to
the taking of certain fish in certain counties."

Senate Bill No. 1430, entitled "An act to amend the insanity
law, relative to the retirement of officers and employees of
state hospitals for the insane."

Assembly Bill No. 2546, entitled "An act to amend the in-
sanity law, relative to the retirement of officers and employees
of state hospitals for the insane."

Senate Bill No. 143 1, entitled "An act to amend sections
seven hundred and sixty-eight, eight hundred and seventy,
eight hundred and seventy-two and eight hundred and eighty-
one of an act, entitled 'An act relating to courts, officers of
justice and civil proceedings,' passed June second, eighteen
hundred and seventy-six."

Assembly Bill No. 2446, entitled "An act to amend chapter
one hundred and seventeen of the laws of eighteen hundred
and eighty-three, entitled 'An act to amend, consolidate and
revise the charter of the village of Peekskill, and the several
acts amendatory thereof,' in relation to the powers of the board
of trustees of such village to raise and apply moneys for char-
itable purposes.".

Assembly Bill No. 323, entitled "An act to place under the
jurisdiction and control of the town board of the town of
Mendon, county of Monroe, certain neglected cemeteries in
such town."

Assembly Bill No. 2067 (Senate reprint No. 1364), entitled
"An act to amend chapter six hundred and seventy of the
laws of eighteen hundred and ninety-two, entitled 'An act to
amend chapter five hundred and ninety-eight of the laws of
eighteen hundred and seventy, entitled "An act to amend an
act to incorporate the city of Troy, passed April twelfth,
eighteen hundred and sixteen, and the several acts amendatory

212 Public Papers of Governor Hughes

thereof, and also to amend other acts relating to the city of
Troy," and the acts amendatory of said chapter five hundred
and ninety-eight, and to consolidate into one act several of
the acts amending the charter of and other acts relating
to the city of Troy and its departments, and to the inferior
local courts therein,' in relation to the powers of the common
council.''

Assembly Bill No. 201 1, entitled "An act to amend the tax
law, in relation to the appointment of a transfer tax clerk in
Nassau county."

Assembly Bill No. 1517 (Senate reprint No. 1568), entitled
"An act to authorize the city of Mount Vernon to make an
annual appropriation for the care and maintenance of the Mount
Vernon Hospital."

Senate Bill No. 1261, entitled "An act to authorize the fire
commissioners in certain fire districts in the county of Sullivan
to issue certificates of indebtedness."

Senate Bill No. 1483, entitled "An act to amend section one
hundred and five of article ten of chapter eighteen of the con-
solidated laws, in relation to notaries public."

Assembly Bill No. 2430, entitled "An act to amend chapter
twenty-six of the laws of eighteen hundred and eighty-five,
entitled 'An act to revise, amend and consolidate the several
acts in relation to the city of Syracuse, and to revise and
amend the charter of said city, establishing a fund for pension-
ing retired school teachers and certain other employees and
regulating the collection and management thereof."

Assembly Bill No. 2288, entitled "An act to amend chapter
seventy-five of the laws of nineteen hundred and six, entitled
'An act to supplement the provisions of law relative to the
department of assessment and taxation of the city of Syra-
cuse.' "

Senate Bill No. 1084, entitled "An act to amend chapter five
hundred and thirty-four of the laws of nineteen hundred and
nine, entitled 'An act to authorize the comptroller and corpora-
tion counsel of the city of New York, on behalf of the said
city, to compromise and settle with property owners interested,
certain claims for taxes, assessments and sales for the same in

Vetoes 213

the territory formerly included within the boundaries of the
towns of Newtown, Flushing, Jamaica and that portion of the
town of Hempstead now included within the boundarifes of
the city of New York,' by defining what taxes, assessments
and sales may be compromised and settled."

Assembly Bill No. 1986, entitled "An act to amend the elec-
tion law, in relation to gaining or losing a residence."

Senate Bill No. 1343, entitled "An act to amend the penal
law, in relation to frauds upon hospitals by patients therein."

Senate Bill No. 1415, entitled "An act to amend chapter seven
hundred and fifty-five of the laws of nineteen hundred and
seven, entitled An act constituting the charter of the city of
Rochester,' in relation to the fire pension fund."

Assembly Bill No. 1508, entitled "An act to amend the forest,
fish and game law, in relation to the use of scap nets."

Senate Bill No. 1229, entitled "An act to amend chapter
one hundred and eighty-five of the laws of nineteen hun-
dred and six, entitled 'An act to. revise the charter of the city
of Auburn,' in relation to corporation counsel."

Assembly Bill No. 1476, entitled "An act to amend the forest,
fish and game law, in relation to the open season for woodcock
on Long Island."

Assembly Bill No. 1955, entitled "An act to amend the high-
way law, in relation to sprinkling an improved state or
county highway, and to the removal of filth and refuse there-
from."

Assembly Bill No. 2659, entitled "An act to amend the agri-
cultural law, in relation to skimmed milk, skimmed milk cheese
and milk powder."

Assembly Bill No. 1081, entitled "An act to amend chapter
seven hundred and fifty-two of the laws of nineteen hundred
and seven, entitled An act to revise the charter of the city of
North Tonawanda,' in relation to the annual report of the
board of public works."

Assembly Bill No. 2314, entitled "An act to amend chapter
two hundred and sixty-eight of the laws of eighteen hundred
and ninety-one, entitled An act in relation to the office of

214 Public Papers of Governor Hughes

sheriff in the county of Columbia/ in relation to the salary
and disbursements of the sheriff."

Assembly Bill No. 2647, entitled "An act to amend the
banking law, in relation to investments of capital."

Assembly Bill No. 1341, entitled 'An act to amend the
Indian law, generally."

Assembly Bill No. 2383, entitled "An act to amend the
education law, in relation to the assessment of property for
actual school district taxes."

Senate Bill No. 1603, entitled "An act to amend the election
law, generally."

Senate Bill No. 1086, entitled "An act to amend the real
property law, relative to the execution of certificates of pay-
ment and discharge of mortgages."

Senate Bill No. 1313, entitled "An act to amend the tax
law, in relation to the compensation of recording officers for
services in the collection of the recording tax on mortgages."

Assembly Bill No. 1647, entitled "An act to amend the tax
law, in relation to the levy and collection of a poll tax."

Senate Bill No. 1322, entitled "An act to permit cities of
the first, second and third classes to establish within their
boundaries, districts with varying restrictions upon the
heights of buildings thereafter erected, and upon the pro-
portion of lot area to be covered by such buildings."

Senate Bill No. 1294, entitled "An act to amend the insur-
ance law, in relation to the authority of persons negotiating
fire insurance."

Senate Bill No. 503, entitled "An act to amend section two
thousand seven hundred and eighteen of the code of civil pro-
cedure, in relation to the ascertainment of claims against de-
cedent's estate."

Assembly Bill No. 166, entitled "An act to amend the elec-
tion law, in relation to registration of voters for town and
village elections."

Assembly Bill No. 1577, entitled "An act to amend the
county law, in relation to time and manner of payment of the
salary of the county judge in Niagara county."

Vetoes

215

Assembly Bill No. 1137, entitled "An act to provide for
joining the people of the. state of New York as a party de-
fendant in the foreclosure of certain mortgages on land in
the town of Newfane, Niagara county."

Senate Bill No. 915, entitled 'An act to amend chapter one
hundred and fifty-seven of the laws of eighteen hundred and
forty-four, entitled "An act to incorporate the village of Mo-
hawk,' in relation to the cemetery commissioner.s of such
village."

Senate Bill No. 11 54, entitled "An act to amend the penal
law, relative to sentences for murder in the first degree which
have been commuted to life imprisonment."

Senate Bill No. 1639, entitled 'An act to incorporate The
World Bible League."

Assembly Bill No. 2340, entitled "An act to amend the code
of criminal procedure, in relation to bail."

Assembly Bill No. 1435, entitled "An act to amend the
county law, in relation to publication of the annual statement
of the clerk of the board of supervisors."

Assembly Bill No. 654, entitled "An act to amend the agri-
cultural law, in relation to actions against agricultural so-
cieties."

Assembly Bill No. 844, entitled "An act to amend the liquor
tax law, in relation to qualification of voters on questions of
local option."

Assembly Bill No. 2328 (Senate reprint No. 1681), en-
titled "An act to amend the agricultural law, in relation to
inspection and sale of seeds."

Senate Bill No. 1285, entitled "An act to amend section
nineteen hundred and three of the code of civil procedure,
in relation to distribution of damages recovered."

Assembly Bill No. 2625, entitled "An act to amend the agri-
cultural law."

• Assembly Bill No. 2592, entitled "An act to amend the gen-
eral business law, in relation to trade marks."

Assembly Bill No. 2638, entitled "An act to incorporate the
Rite of Adoption of the World, Order of the Amaranth."

216 Public Papers of Governor Hughes

Assembly Bill No. 297 (Senate reprint No. 1537), entitled
"An act to amend the public health law, in relation to qualifi-
cations for the practice of veterinary medicine and surgery."

Assembly Bill No. 2496, entitled "An act to authorize the
board of supervisors of the county of Fulton to purchase the
Fulton county fair grounds."

Senate Bill No. 1046, entitled "An act to amend the public
health law, in relation to burial and burial permits."

Senate Bill No. 1629, entitled "An act to extend the cor-
porate existence of the Enterprise Land Company and to
validate its conveyances of real estate."

Assembly Bill No. 1780, entitled "An act to amend the code
of criminal procedure, in relation to release on bail in certain
cases."

Assembly Bill No. 2283, entitled "An act to amend the code
of civil procedure, relative to the service of summons."

Assembly Bill No. 463 (Senate reprint No. 1436), entitled
"An act to amend the tax law, in relation to the exemption
of property held by a municipal corporation for the treatment
and disposal of sewage."

Senate Bill No. 529, entitled "An act to amend the forest,
fish and game law, in relation to penalties."

Assembly Bill No. 2401, entitled "An act to amend the edu-
cation law, in relation to the apportionment of school
moneys."

Assembly Bill No. 504, entitled "An act to authorize the
' Middle Patent Rural Cemetery Association ' to purchase or
otherwise take and hold and dispose of additional land by
and with the consent of the board of supervisors of the county
of Westchester and authorizing said board of supervisors to
grant such consent."

Assembly Bill No. 1607, entitled "An act to establish a
ferry from and to Gunnison's landing in the town of Crown
Point, Essex county, across Lake Champlain, to and from a
point in the east shore of said Lake Champlain, in the town
of Bridport, in the state of Vermont, called Brook's."

Assembly Bill No. 1247, entitled "An act to amend the

Vetoes 217

highway law, in relation to the descriptions of the routes of
certain highways to be constructed or improved by the state."

Assembly Bill No. 951, entitled "An act to amend the code
of civil procedure, in relation to notice of proceedings to ap-
point special guardian."

Assembly Bill No. 2299, entitled "An act to provide for the
removal of the upper lock of the old Western Inland Lock
Navigation Company at Little Falls, and for the preservation
of the same and for other purposes, and to repeal chapter
four hundred and forty-eight of the laws of eighteen hun-
dred and eighty-three."

Assembly Bill No. 1141, entitled "An act to amend the do-
mestic relations law, generally."

Senate Bill No. 11 19, entitled "An act to amend the ju-
diciary law, in relation to the salary of confidential clerks of
the appellate division in the second department."

Assembly Bill No. 2574, entitled "An act to amend the code
of civil procedure, relating to the examination by the surro-
gate of the county wherein the witnesses reside of the sub-
scribing witnesses to a will offered for probate in another
county."

Assembly Bill No. 2209, entitled "An act to amend the
penal law, in relation to violation of certain provisions of the
labor law."

Assembly Bill No. 1775, entitled "An act to amend the vil-
lage law, in relation to powers of village trustees in respect
to the support of hospitals and the care of village residents
therein."

Senate Bill No. 1297, entitled "An act to amend the code
of civil procedure, in relation to satisfaction of judgment."

Assembly Bill No. 2535, entitled "An act to amend the code
of civil procedure, in relation to exemptions and executions."

Assembly Bill No. 1447, entitled "An act to amend the code
of civil procedure, in relation to examining witnesses for aiding
service of process in certain actions."

Assembly Bill No. 2308, entitled "An act to amend chapter
three hundred and ninety-four of the laws of eighteen hun-

218 Public Papers of Governor Hughes

dred and ninety-five, entitled 'An act to revise the charter of
the city of Oswego,' generally."

Assembly Bill No. 2075 (Senate reprint No. 1522), en-
titled "An act to amend the judiciary law, in relation to cer-
tain papers that may be destroyed."

Assembly Bill No. 352, entitled "An act in relation to the
boundaries of the village of Briaixliff Manor."

Assembly Bill No. 2235, entitled "An act to amend the agri-
cultural law, in relation to payment to owners for keep of
condemned bovine animals."

Assembly Bill No. 1605, entitled "An act to amend the code
of civil procedure, in relation to security upon sale by
referee."

Senate Bill No. 1638, entitled "An act to amend chapter
seven hundred and fifty-five of the laws of nineteen hundred
and seven, entitled 'An act constituting the charter of the city
of Rochester,' in relation to salaries."

Senate Bill No. 1287, entitled "An act to amend the code
of civil procedure, in relation to judgments."

Assembly Bill No. 953, entitled "An act to amend the code
of civil procedure, in relation to personal service of summons
upon infants."

Assembly Bill No. 2595, entitled "An act to amend the code
of criminal procedure, in relation to bail of children accused
of minor offenses."

Senate Bill No. 1106, entitled "An act to amend the code
of criminal procedure, in relation to bail."

Assembly Bill No. 773, entitled "An act to amend the in-
surance law, relative to exception of the fraternal order of the
Deutscher Krieger Bund, New York, from certain of its pro-
visions."

Assembly Bill No. 2648, entitled "An act to amend the
village law, in relation to the dedication of streets."

Assembly Bill No. 2280, entitled "An act to legalize, ratify
and confirm the proceedings of the town of North Elba in the
adoption of the proposition to authorize the securing of site
and erecting a town building in the west end of the town and

Vetoes

219

to raise and appropriate the sum of eight thousand dollars
for such purpose and to issue bonds therefor, and to legalize
the bonds of such town sold and awarded in pursuance tftereof
to the amount of eight thousand dollars and to provide for the
payment of the same."

Assembly Bill No. 1675, entitled "An act to empower the
electors of the town of Oswegatchie, in the county of Saint
Lawrence, to vote an appropriation for the purchase of a site
and the erection of a building to be used as a town house and
lockup in that part of said town known as Heuvelton."

Assembly Bill No. 938, entitled "An act to amend the tax
law, in relation to the salary of the transfer tax appraiser in
Suffolk county."

Assembly Bill No. 2399 (Senate reprint No. 1622), entitled
"An act to amend chapter four hundred and eighty-seven of
the laws of nineteen hundred and six, entitled 'An act to
equalize the salaries of the attendants and messengers of the
surrogate's court in the county of New York with the salaries
of the attendants of the supreme court in the first judicial
district and the appellate division thereof in the first depart-
ment,' in relation to the salaries of attendants and messengers
of the surrogate's court of New York county."

Assembly Bill No. 2537, entitled "An act to amend chapter
three hundred and six of the laws of nineteen hundred and
seven, entitled An act to establish a retirement fund for the
pensioning retired school teachers, superintendents, super-
visors and heads of high school departments of the public
schools of the city of Schenectady, and to regulate the collec-
tion, management and disbursements thereof,' in relation to
contributions to such fund."

Assembly Bill No. 798, entitled "An act to make the office
of supervisor in the county of Ulster a salaried office."

Assembly Bill No. 1831, entitled "An act to amend chapter
one hundred and three of the laws of nineteen hundred and
six, entitled An act to make the office of county clerk of
Ulster countv a salaried office, and regulating the management

220 Public Papers of Governor Hughes

of said office,' relative to the appointment of an additional
assistant.''

Assembly Bill No. 2522 (Senate reprint No. 1607), en-
titled "An act to amend chapter one hundred and sixteen of
the laws of eighteen hundred and ninety-seven, entitled 'An
act to make the office of county clerk of Washington county
a salaried office, and regulating the management of said
office.''

Assembly Bill No. 2244 (Senate reprint No. 1434), en-
titled "An act to amend the agricultural law, relative to salary
of commissioner."

Senate Bill No. 1657, entitled "An act to amend section
ninety-four of the prison law, relative to compensation of as-
sistant matrons at the state prison for women."

Assembly Bill No. 2246 (Senate reprint No. 1432), en-
titled "An act to amend the highway law, in relation to
salaries."

Senate Bill No. 13 17, entitled "An act to amend the prison
law, in relation to compensation of certain officers."

Senate Bill No. 1298, entitled "An act to amend the insan-
ity law, relative to wages of certain employees of state hos-
pitals."

Assembly Bill No. 1328, entitled "An act to amend the
election law, in relation to the powers, duties and salaries of
the state superintendent of elections and his appointees."

Senate Bill No. 1589, entitled "An act to amend the public
health law, in relation to the practice of undertaking and em-
balming and licensing of undertakers and embalmers."

Assembly Bill No. 2389, entitled "An act to amend the code
of civil procedure, relating to the payment of money into
court, and for the care and disposition thereof."

Assembly Bill No. 2433, entitled "An act to amend the agri-
cultural law and the public health law, in relation to the
adulteration or misbranding of food and food products."

(Signed) CHARLES E. HUGHES.

IV

MEflORANDA ON LEGISLATIVE BILLS
APPROVED

[221]

IV

MEMORANDA ON LEGISLATIVE BILLS APPROVED

Relating to the Erection of a New Courthouse in New
York County

State of New York — Executive Chamber.

Albany, February 17, 1910.

Memorandum filed with Assembly Bill No. 252, entitled "An
act to amend chapter three hundred and thirty-six of the laws
of nineteen hundred and three, entitled 'An act to provide for
the erection of a courthouse in the county of New York and
authorizing the acquisition of a site therefor.' "

Approved.

This bill, relating to the erection of a new courthouse in
New York county, removes certain restrictions with respect to
the use of City Hall Park, and gives a wider discretion to the
local authorities. The question of selecting a site for a new
courthouse, which is sadly needed, should be determined as
quickly as possible, and the local authorities should have such
freedom as will enable them to deal with it in a prompt and
satisfactory manner, according to their best judgment.

The bill is therefore approved.

(Signed) CHARLES E. HUGHES.

Tenure of Office of Veterans of the Spanish War and
of the Insurrection in the Philippines

State of New York — Executive Chamber.

Albany, May 9, 1910.

Memorandum filed with Senate Bill No. 249, entitled "An act
to amend chapter fifteen of the laws of nineteen hundred and
nine, entitled 'An act in relation to the civil service of the

[223]

224 Public Papers of Governor Hughes

state of New York and the civil divisions and cities thereof,
constituting chapter seven of the consolidated laws,' in relation
to the power of removal."

Approved.

The opposition to this measure virtually goes to the extent of
challenging the public policy of the provisions of the Civil Ser-
vice Law (section 22) with regard to the tenure of office of the
veterans therein described, requiring that a removal shall be for
incompetency or misconduct after hearing upon stated charges.

Whatever may be said of this question, it is not really in-
volved in this bill.

The object of the present bill is to destroy a discrimination
which from any point of view is unjust and indefensible.

In 1899 the Legislature extended the provisions as to tenure
of office to the veterans of the Spanish war, making no distinc-
tion between regulars and volunteers (Laws of 1899, chapter
370, section 21). In 1902 this provision was amended, making
it to apply only to those who served in the " volunteer army or
navy " during the Spanish war, and thus excluding those who
were in the regular service and had the larger share of active
duty. Many, so excluded, in fact volunteered for service in the
regular army when it was recruited for the purposes of war.
(Laws of 1902, chapter 270).

This bill puts regulars and volunteers upon the same footing,
and also includes those who served in the incidental insurrec-
tion in the Philippines prior to July 4, 1902.

The bill is approved.

(Signed) CHARLES E. HUGHES.

Memoranda of Legislative Bills Approved 225

Providing for the Expiration of the Terms of Office of
the Five Appointive Members of the State Fair Com-
mission and the Appointment of Five New Members
for Terms of from One to Five Years

State of New York — Executive Chamber.

Albany, May 26, 19 10.

Memorandum filed with Senate Bill No. 1545, entitled "An
act to amend the agricultural law, in relation to the state fair
commission."

Approved.

This bill amends the law so as to provide for the expiration
of the terms of office of the five appointive members of the
State Fair Commission on June 1, 1910, and for the appoint-
ment of five new members for terms of one, two, three, four
and five years respectively. The terms of office of the present
appointive members would otherwise all expire in April of next
year. In view of the importance of the work of this commis-
sion, and particularly of the extensive -plans of development
now in progress, it is certainly advisable that the commissioners'
terms of office should be so arranged that they will not all
expire together and that there should be a desirable continuity
of work and experience. The general policy of the State with
respect to its commissions is to provide for successive expira-
tion of terms so as to secure this continuity and at the same time
permit changes in membership from year to year. It would
have been well if this commission on its reorganization had been
thus constituted, and if the change is ever to be made it may
as well be made now.
■ The objection that this will deprive the next administration
of a proper relation to the work of this commission is unten-
able.

The commission consists of seven members. One of its
members, and its presiding officer, is the Lieutenant-Governor,
and this office will be filled at the next general election. The
relation of the Lieutenant-Governor to the commission is not

226 Public Papers of Governor Hughes

merely formal, but it has been the practice for him to take a
very active part in its work.

Another important member .of the commission is the Com-
missioner of Agriculture. The term of the present Commis-
sioner of Agriculture will expire in April next, and the then
Governor will have an opportunity to continue him in office,
or to appoint his successor, as he may desire.

The terms of office of two of the remaining five members of
the commission will under this bill expire in the next two years,
one in 191 1 and one in 1912, so that the next administration
will next year have three places upon the commission, and four
within two years.

In addition the bill provides that the Governor shall desig-
nate one of the members of the commission to act as superin-
tendent of the Fair grounds and buildings during his term of
office. I propose to appoint to this place Mr. A. E. Perren,
whose efficiency in this work is generally recognized; but I
shall give him the appointment for two years and his further
continuance as superintendent will be determined by my suc-
cessor.

The bill is therefore approved.

(Signed) CHARLES E. HUGHES.

Amending the Railroad Law so as to Provide for the
Transfer of Property When the Existence of a Rail=
road Corporation Ceases

State of New York — Executive Chamber.

Albany, June 14, 1910.
Memorandum filed with Senate Bill, Introductory No. ion,
Printed No. 1494, entitled "An act to amend the railroad law
so as to provide for the transfer of property when the existence
of a railroad corporation ceases."

Approved.

In accepting this bill for the city of New York, the Mayor
of the city has stated in his memorandum the circumstances

Memoranda of Legislative Bills Approved 227

which led to its passage. The New York and Long Island Rail-
road Company having constructed a portion of its tunnel and
road failed to complete it within the time prescribed* by law.
By reason of this default its corporate existence and powers
ceased (Laws of 1890, chapter 565, section 5). The litigation
between the city of New York and the directors of the com-
pany, as trustees of creditors and stockholders, failed and the
questions involved were not finally decided, because the State
was not a party. But in the opinion of the Court of Appeals
the effect of the statute with respect to the default of the com-
pany was thus described:

" Though the franchise to maintain the railroad was not
dependent on the existence of the corporation, the statute
provides not only that the corporate existence shall cease
but the corporate powers also. In other parts of the stat-
ute is an enumeration of the powers conferred upon cor-
porations organized under the act, to wit, to build their
railroads, acquire land for that purpose, etc. ; in other
words, their franchises. When the legislature enacted that
the powers of the corporation should cease, it intended
thereby that in the same contingency the franchises con-
ferred on the corporation should cease." (City of New
York v. Bryan, 196 N. Y. 158 on p. 166.)

i

It would seem clear that the franchise of the company to
construct, maintain and operate the tunnel and road ended when
it failed to comply with the statute. But it has been objected
that this bill is an attempt in some way to revive it or to lend
support to the claim that it can be transferred and exercised.
The bill, however (being a general one, so as not to conflict
with the constitutional provision as to a special act in such a
case) in its references to franchises describes only such, if any
there be, as " survive " , and the bill does not purport to recog-
nize any franchise that has ended.

I therefore do not regard this bill as affording a foundation
for the claim that the perpetual franchises of the defunct com-
pany, lost by its default, are recognized or revived.

In the brief filed with me, with respect to this bill, by the

228 Public Papers of Governor Hughes

Interborough Rapid Transit Company (representing what it
calls " the controlling equity " in the property) its attorney
explicitly states:

" The Act, however, does not revive or confirm the per-
petual franchises formerly possessed by the New York and
Long Island Railroad Company or authorize the completion
or operation of the tunnel, otherwise than under a new
franchise which can be granted only by the Board of Esti-
mate and Apportionment for the usual limited period of
fifty years, with or without a renewal of twenty-five years."

Further, the Board of Estimate and Apportionment, upon
the application for the new franchise contemplated by the bill,
may protect the city by proper terms against the assertion of a
perpetual franchise, and the Mayor and the Public Service
Commission may grant or withhold their consent to the transfer
described in the bill, as the interests of the city may require.
This is clearly pointed out by the Mayor of the city in his
memorandum. He says :

" The substance of the bill is that the said property of
the deceased company (including any rights or franchises
which it had and which survive) is vested in the said trus-
tees in liquidation, to enable them to transfer it to a new
company, but only with the consent of the Mayor and of
the Public Service Commission; said corporation to obtain
a new franchise, i. e., from the Board of Estimate and
Apportionment of the City of New York for the same
route. This new franchise can only be for the usual lim-
ited period of fifty years, with or without a renewal of
twenty-five years, that being all that the said board can
grant. In this way the franchise in perpetuity which the
deceased company originally had is abandoned and a new
company with the said limited franchise is substituted.
The bill provides that the said tunnel and railroad to the
extent that it is completed, shall be deemed to have been
constructed ' under and pursuant "' to the said new fran-
chise. In addition to this explicit provision, the Board of
Estimate and Apportionment in granting the new franchise

Memoranda of Legislative Bills Approved 229

may use additional language if necessary, and the Mayor
and Public Service Commission may take like precaution
to put beyond all dispute that the new franchise is given
and accepted in extinguishment of the old one."

It is of the utmost importance that upon proper terms there
should be a rapid expansion of the transit facilities of the city
and I believe that by the just exercise of the powers granted by
this bill the convenience and welfare of its citizens will be pro-
moted. To delay an adjustment of the matter, under condi-
tions which permit the authorities of the city properly to pro-
tect its interests, in order that there may be protracted litiga-
tion to settle the legal status of the completed tunnel, and thus
to leave the tunnel unused for an indefinite time while the
people are suffering for want of such facilities as it would in
part provide, seems to me wholly unjustified.

I therefore approve the bill.

(Signed) CHARLES E. HUGHES.

An Act in Relation to Railroads, Constituting Chapter
Forty=nine of the Consolidated Laws

State of New York — Executive Chamber.

Albany, June 14, 1910.

Memorandum filed with Senate Bill, Introductory No. 993,
Printed No. 1507, entitled "An act in relation to railroads, con-
stituting chapter forty-nine of the consolidated laws."

Approved.

The amendments of the Railroad Law, effected by the bills
heretofore approved by me (Senate Bill, Printed No. 1468, and
Senate Bill, Printed No. 1494, constituting respectively chapters
477 and 478 of the Laws of 1910), are not included in this
consolidated law. These amendments are not repealed by this
consolidated law, but are saved by the operation of section 100
of the General Construction Law, which provides that a chap-

230 Public Papers of Governor Hughes

ter of the consolidated law shall not be deemed to repeal an
amendatory law passed at the same session of the Legislature,
unless it is specifically designated in the repealing schedule.

In order that there may be a proper arrangement of the stat-
utes, however, the consolidated law should be amended so as to
include the amendments to which I have referred.

(Signed) CHARLES E. HUGHES.

Providing for the Improvement of the Lake George
Battle Ground Park

State of New York — Executive Chamber.

Albany, June 18, 1910.
Memorandum filed with Senate Bill No. 39, entitled "An act
to provide for the erection of a suitable iron fence around the
monument erected by the Society of Colonial Wars on the
Lake George battle ground park, owned by the state of New
York; for the construction of a suitable footpath from the
Lake George beach to the said monument ; for the cleaning up
of the paths and roads around the said park, and erection of
boundary fences wherever necessary."

Approved.

I am informed that this appropriation is needed for the
proper protection of the property.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the Oriskany Creek

Feeder

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 1299, entitled
"An act to provide for the improvement of the Oriskany creek

Memoranda of Legislative Bills Approved 231

feeder, in the town of Kirkland, Oneida county, and making

an appropriation therefor."

Approved.

It appears from the facts submitted that this is a work
which should be done by the State.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the Construction of a
Bridge Over the Erie Canal in the City of Rome

State of New York — Executive Chamber.

Albany, June 18, 1910.

Memorandum filed with Assembly Bill No. 493 (Senate re-
print No. 1538), entitled "An act to authorize the construction
of a new iron bridge with double driveway and sidewalks
over the Erie canal at South Washington street in the city of
Rome and making an appropriation therefor."
Approved.

I am advised that this bridge over the Erie canal has prac-
tically been condemned and that a new and safe structure
should be provided as quickly as possible.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the Construction of a
Bridge Over the State Feeder in the City of Oneida

State of New York — Executive Chamber.

Albany, June 18, 19 10.

Memorandum filed with Assembly Bill No. 2237, entitled
"An act to provide for the construction of a stone or concrete
bridge over the state feeder at Cedar street, in the city of
Oneida, and making an appropriation therefor."

Approved.

I am advised that this bridge is a State structure and is
unsafe.

(Signed) CHARLES E. HUGHES.

232 Public Papers of Governor Hughes

Amending the Education Law by Abolishing the Office
of School Commissioner, Creating the Office of Dis-
trict Superintendent of Schools and Prescribing the
Powers, Duties and Responsibilities of Such Super-
intendent

State of New York — Executive Chamber.

Albany, June 23, 1910.
Memorandum filed with Assembly Bill No. 2558, entitled
"An act to amend the education law, by abolishing the office
of school commissioner, creating the office of district superin-
tendent of schools and prescribing the powers, duties and
responsibilities of such superintendent.''

Approved.

Section 2 of the bill provides as follows :

" § 2. Sections three hundred and eighty-one and three hun-
dred and eighty-two of this article hereby amended shall take
effect on the first day of July, nineteen hundred and ten.
Section three hundred and three of such article shall take
effect on the first day of April, nineteen hundred and eleven.
All other provisions of such article shall take effect on the
first day of January, nineteen hundred and twelve."

The reference to section " three hundred and three of such
article " is an error. Section three hundred and three is not
in the article amended by the bill, and is not amended.

Section three hundred and eighty-three is amended and re-
fers to what is to take place in the spring and summer of
191 1, and later.

As no action is contemplated under section three hundred
and eighty-three before the third Tuesday in May, 191 1, there
will be ample opportunity to have the statute corrected. I am
advised that with respect to other features of the bill it is
important that it be approved.

(Signed) CHARLES E. HUGHES.

Memoranda of Legislative Bills Approved 233
Amending the Forest, Fish and Game Law Generally

State of New York — Executive Chamber,

Albany, June 24, 1910.
Memorandum filed with Senate Bill No. 1590 (Assembly
reprint No. 2658), entitled "An act to amend the forest, fish
and game law, generally."

Approved.

This bill contains many amendments of the Forest, Fish
and Game Law. While some of these are of minor conse-
quence, others are important to provide further protection for
the rights of the State and to carry out the policy of the law.
The bill is therefore approved.

There has been strong objection to one of the amendments
of the bill, striking out the provision in section 109 that
"' whitefish less than two pounds in the round shall not be
taken from any of the waters of the state or possessed at any
time." The objection to this amendment I believe to be well
founded. There is, however, another bill (Assembly Bill No.
1625) which simply amends section 109 in a minor particular
and leaves intact the provision above quoted relating to white~
fish. My subsequent approval of this latter bill will restore
the prohibition as to taking whitefish less than two pounds in
the round and obviate the objection to the general bill.

(Signed) CHARLES E. HUGHES.

In Relation to the Inferior Courts of Criminal Jurisdic=
tion in the City of New York, Defining Their Powers
and Jurisdiction and Providing for Their Officers

State of New York — Executive Chamber.

Albany, June 25, 1910.

Memorandum filed with Assembly Bill No. 2240 (Senate
reprint No. 1482), entitled "An act in relation to the inferior
courts of criminal jurisdiction in the city of New York, de-

234 Public Papers of Governor Hughes

fining their powers and jurisdiction and providing for their
officers."

Approved.

This bill provides for important reforms in connection with
the inferior courts of criminal jurisdiction in the city of New
York. The wisdom of some of the proposals has been chal-
lenged, but they are the result of painstaking study by the
commission appointed for the purpose, of a most difficult sub-
ject, and the city of New York should not be denied the right
to avail itself of the tests and experience which the bill will
permit.

My attention has been called to the provision of section 96
of the bill (with respect to probation officers) that " the chief
probation officers and all other probation officers shall be
deemed the confidential officers of the justices and magis-
trates."

It is suggested that the use of the word " confidential " will
have the result of putting the probation officers in the ex-
empt class under the provisions of the Civil Service Law.
The State Civil Service Commission, however, in the light of
their experience, advise me that in their view this language of
the bill " would not make it necessary to classify the positions
as exempt from examination." They have maintained that
the question of classification is governed by the duties of the
.position rather than its title, and they inform me that their
experience would justify the placing of the positions in ques-
tion in the competitive class. They say : " Probation officers
have been appointed in cities and counties throughout the
State as the result of open competitive examinations and with
entirely satisfactory results." They further point out that al-
though the Liquor Tax Law states that the special agents of
the State Commissioner of Excise " shall be deemed the con-
fidential agents of the State Commissioner," still these agents
" have been retained in the competitive class with the entire
approval of the Commissioner of Excise and to the manifest
advantage of the public service."

Memoranda of Legislative Bills Approved 235

I do not approve such characterizations of positions by
legislative acts ; but I believe that where the duties of the posi-
tion and the facts of experience attest the practicability of
competitive examinations, these should, and may, still be re-
quired.

In view of the vast importance of the work of the inferior
courts of criminal jurisdiction in the city of New York, and
of the great value of this bill taken as a whole, I approve it.
(Signed) CHARLES E. HUGHES.

Amending the Labor Law in Relation to Workmen's
Compensation in Certain Dangerous Employments

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Senate Bill No. 1208, entitled "An
act to amend the labor law, in relation to workmen's compen-
sation in certain dangerous employments."

Approved.

The Commission appointed under chapter 518 of the Laws
of 1909 to inquire into the subject of employers' liability,
after exhaustive study of the difficult questions involved, has
made recommendations for legislation along two lines. First,
amendments have been proposed to existing law, coupled with
an elective compensation plan. The bill embodying this recom-
mendation has been approved. Second, a plan of compulsory
compensation, applicable to certain dangerous employments, is
presented by the present bill. It contains the proposals of the
Commission as amended in certain particulars by the Legis-
lature.

The importance of providing a suitable scheme of compen-
sation for industrial accidents and of avoiding the shocking
waste and injustice of our present methods must be conceded
by all open-minded students of industrial conditions. It is
difficult to devise any method of compensation which will not

236 Public Papers of Governor Hughes

be visited with severe criticism and a satisfactory solution of
the problem can only be reached by experimentation.

The proposals of the Commission have been criticised by
some on the ground that they do not go far enough and by
others because they go too far. While avoiding extremes, the
Commission has sought to afford a scheme of compensation
through the testing of which the State may find a basis for the
establishment of its policy.

With respect to the objections urged before me as to the
validity of certain features of the bill, I believe that the ques-
tions thus raised should be left to the determination of the
courts. In this way only can there be an authoritative deter-
mination with respect to the measures that are within the
limits of legislative power and a suitable shaping, in the light
of judicial decisions, of the policy of the State with respect
to compensation for industrial accidents.

(Signed) CHARLES E. HUGHES.

Placing Telegraph Corporations and Telephone Corpo=
rations Under the Jurisdiction of the Public Service
Commission

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 2541, entitled
"An act to amend the public service commissions law, in re-
lation to telegraph and telephone lines and companies.''

Approved.

This bill places telegraph corporations, and telephone cor-
porations (except those having property used in the public
service within the State of value not exceeding $10,000)
under the jurisdiction of the Public Service Commission,
and thus extends to this class of corporations the established
policy of the State.

The bill as a whole should be approved. There are certain

Memoranda of Legislative Bills Approved 237

matters of importance, however, with respect to which the
bill is open to criticism.

First. The entire jurisdiction over these companies is placed
with the Public Service Commission of the Second District.
The convenience of administration would be promoted, in my
judgment, if the jurisdiction, particularly with respect to tele-
phone corporations, were divided between the two commis-
sions as in the case of railroads, and gas and electrical cor-
porations.

Second. The bill does not give a sufficiently wide control
over the issue of securities. It provides : " No telegraph cor-
poration or telephone corporation shall be required, however,
to apply to the commission for authority to issue stocks, bonds,
notes or other evidence of indebtedness except for the acqui-
sition of property, the construction, completion, extension or
improvement of its facilities, or the improvement or mainte-
nance of its service within the state, or the discharge or re-
funding of obligations, or reimbursement of moneys actually
expended for such purposes." The issues of securities by
domestic corporations of this class should be subject to the
approval of the Public Service Commission whether the
money is to be expended within or without the State. With
respect to corporations of its own creation, this State should
exercise complete supervision. As to this second matter par-
ticularly, amendatory legislation should be had.

(Signed) CHARLES E. HUGHES.

Amending the General Municipal Law so as to Provide
That a Funded Debt May Be Contracted by a City of
the Second Class for School Buildings

State of New York — Executive Chameer.

Albany, June 25, 1910.
Memorandum filed with Senate Bill No. 1233, entitled "An
act to amend section six of chapter twenty-nine, laws of nine-

238 Public Papers of Governor Hughes

teen hundred and nine, being the general municipal law, en-
titled 'An act relating to municipal corporations, constituting
chapter twenty-four of the consolidated laws,' in relation to
funded debts."

Approved.

This bill amends the General Municipal Law so as to pro-
vide that a funded debt may be contracted by a city of the
second class for the building of a school building, or for the
construction or reconstruction of a school building by a ma-
jority vote of all the members elected to the common council
adopting it. The amendment is designed to facilitate the
construction of schoolhouses and, limited in this way, it is
not opposed to sound policy. As the Commissioner of Educa-
tion says, " There is no danger of a common council going
further than it ought in providing school accommodations."
(Signed) CHARLES E. HUGHES.

Providing for the Preservation, Indexing and Restora*
tion of the Records in the Office of the Register of
the County of New York

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 2357, entitled
"An act to provide for the preservation, indexing, restoration
and placing in good condition of the records, documents,
books, maps and papers deposited, filed or recorded in the
office of the register of the county of New York."

Approved.

This is to provide for the preservation, indexing, restora-
tion, et cetera, of the records in the office of the register of the
county of New York. Duties are imposed upon the register
which he must discharge to the extent of the facilities pro-
vided. Whether or not any additional provision shall be

Memoranda of Legislative Bills Approved 239

made, and the allowance of any moneys for the purpose, must
be determined, under the bill, by the Board of Estimate and
Apportionment.

(Signed) CHARLES E. HUGHES.

Conferring Various Powers upon the Officers of the
Cities of Auburn and New York

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with the bills specified below, which are
respectively approved, to wit:

Senate Bill No. 1565, entitled "An act to amend chapter one
hundred and eighty-five of the laws of nineteen hundred and
six, entitled 'An act to review the charter of the city of Au-
burn,' in relation to lighting districts in such city."

Senate Bill No. 1566, entitled "An act to amend the Greater
New York charter, in relation to restricting the use of Ocean
boulevard in the borough of Brooklyn, in the city of New
York."

Assembly Bill No. 2342, entitled "An act to amend the
Greater New York charter, relative to vacations of em-
ployees."

These bills which have been accepted by the cities respect-
ively, confer powers upon the officers of the cities which they
should have. It may be objected that it would be better to
have broad grants of power embracing the described purposes
instead of these specific provisions. But this, in the light of
the present form of our charters, cannot be regarded as a
sufficient ground for disapproving the bills.

(Signed) CHARLES E. HUGHES.

240 Public Papers of Governor Hughes

Providing for the Redemption by Washington Ceme=
tery of Certain Lands in Towns Formerly Known as
Qravesend and New Utrecht in the County of Kings

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill -No. 2453, entitled
"An act to authorize the comptroller to hear and determine
the application of Washington cemetery for the redemption
of certain lands in the towns formerly known as Gravesend
and New Utrecht in the county of Kings from the sale thereof
by the comptroller for unpaid assessments."

Approved.

The interest of the State in this bill justifies its approval
and takes it out of the objections pertaining to special legisla-
tion of this class. The premises concerned are burial grounds
in which many thousands of burials have been made. The
State cannot use the land, and provision should be made for
•its redemption.

(Signed) CHARLES E. HUGHES.

Amending the Executive Law in Relation to the Sala-
ries of Certain State Officers

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Senate Bill No. 1513, entitled "An
act to amend the executive law, in relation to the salaries of
certain state officers."

Approved.

This bill raises the salary of the Secretary of State from
$5,000 to $6,000; of the Comptroller from $6,000 to $8,000;
of the State Treasurer from $5,000 to $6,000 ; of the Attorney-
General from $5,000 to $10,000, and of the State Engineer
and Surveyor from $5,000 to $8,000.

Memoranda of Legislative Bills Approved 241

These are all elective officers and as the bill does not take
effect until January 1, 191 1, it affects only the officers who
are to be elected at the next general election.

The salaries of these State officers have been altogether
too low.

(Signed) CHARLES E. HUGHES.

Amending the Executive Law, in Relation to the Ap-
pointment, Term and Salary of the State Superin-
tendent of Weights and Measures

State of New York — Executive Chamber.

Albany, June 25, 1910.

Memorandum filed with Senate Bill No. 1286, entitled "An
act to amend the executive law, in relation to the appointment,
term and salary of the state superintendent of weights and
measures."

Approved.

The office of the Superintendent of Weights and Meas-
ures for a long period amounted to practically nothing.
The compensation attached to it was $300 a year. The
present incumbent has made the office one of great importance
and is discharging his duties with conspicuous fidelity. Under
the appropriation bill of last year he is receiving a salary of
$2,500. In view of the wording of the appropriation bill of
this year he will go back to a salary of $300 if the present bill
be not signed.

The salary fixed by the present bill is not excessive.

(Signed) CHARLES E. HUGHES.

242 Public Papers of Governor Hughes

Amending Chapter Forty=seven of the Laws of Nine-
teen Hundred and Nine in Relation to the Salaries
of the Members of the Board of Parole for State
Prisons and the Meetings of Such Board

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Senate Bill No. 557, entitled "An
act to amend chapter forty-seven of the laws of nineteen hun-
dred and nine, entitled 'An act relating to prisons, constituting
chapter forty-three of the consolidated laws,' in relation to the
salaries of the members of the board of parole for state
prisons and the meetings of such board."

Approved.

The work of the Board of Parole has been largely in-
creased. The provision for indeterminate sentences, per-
mitting parole at the expiration of the minimum terms, has
been extended so as to cover generally first offenders in State
prisons. The success of the parole system will depend on the
fidelity with which the work of the Parole Board is executed.

We cannot expect to be able to secure and hold the ser-
vices of efficient men for this important work, considering the
increased labor and time required, by the payment of a less
amount than that provided for by this bill.

(Signed) CHARLES E. HUGHES.

Amending the Liquor Tax Law, in Relation to Places
in Which Traffic in Liquors Shall Not Be Permitted

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Senate Bill No. 1323, entitled "An
act to amend the liquor tax law, in relation to places in which
traffic in liquors shall not be permitted."

Approved.

This bill excepts from the provisions of the Liquor Tax Law,
with respect to premises within one-half mile of a poorhouse, a

Memoranda of Legislative Bills Approved 243

place lawfully occupied for a hotel on March 23, 1896, when
the law was first enacted. It provides, with respect to this, the
same policy which the law has provided as to premises within
two hundred feet of a church or schoolhouse.

(Signed) CHARLES E. HUGHES.

Amending the Highway Law in Relation to Damages
for Change of Grade

State of New York — Executive Chamber.

Albany, June 25, 1910.
Memorandum filed with Assembly Bill No. 2417, entitled
"An act to amend the highway law, in relation to damages for
change of grade.''

Approved.

This bill provides for the payment of interest upon awards
of damages due to changes of grade in highways. At common
law the owner of land abutting upon a public street is not en-
titled to consequential damages for an injury he may suffer by
reason of a lawful change in the grade of the street upon which
his property abuts. But it is obvious that the change of grade
may subject him to actual loss, and to remedy the apparent
injustice which resulted from the common law rule, statutes
have been passed allowing damages for changes in grade. By a
recent decision of the Court of Appeals it has been held that
such awards of damages do not carry interest because the stat-
utes have not expressly provided for interest. This bill is to
remedy the defect in the statutes.

It has been objected to the bill that as in certain cases grades
have been changed before the law authorizing the payment of
damages was enacted, interest would be payable when by reason
of want of authority to pay damages, there had been for a con-
siderable time no default in payment. But this is not a sound
objection, for the policy should be to compensate the owner for
the losa he has actually sustained, and this is not done if he is
paid simply the principal of the loss sustained at the time the

244 Public Papers of Governor Hughes

injury was wrought, without interest from that time to the
time of payment of the award.

It is also suggested that the provision of the bill that interest
should run '" from the time of the change of grade," might pos-
sibly refer to the time when the new grade was legally provided
for as distinguished from the time when the physical change was
effected. But as there is no taking of property in such a case,
and the recovery must be for the actual damage sustained, in-
terest could not properly run from an earlier date; and the
language of the bill taken in connection with its subject and the
context must be taken to provide for the payment of damages
from the time the change of grade is actually made. I regard
the bill as an act of justice.

(Signed) CHARLES E. HUGHES.

V
EMERGENCY MESSAGES

[245]

EMERGENCY MESSAGES

Messages certifying to the necessity of the immediate
passage of specified Senate and Assembly bills, in compliance
with section 15 of of article III of the Constitution, were sent
to the Legislature of 1910 from time to time by Governor
Hughes. The measures to which the messages applied were
as follows :

March 16. Senate Bill, Introductory No. 440, Printed No.
631, entitled "An act to incorporate section three hundred and
fifteen of article fifteen of chapter two hundred forty-one of
the laws of nineteen hundred and five into the tax law as sec-
tion two hundred and seventy thereof."

April 15. Senate Bill, Introductory No. 857, Printed No.
1056, entitled "An act providing for the issuing of bonds of the
state to run for a period 'of fifty years in lieu of bonds hereto-
fore authorized by chapter three hundred and ninety-one of the
laws of nineteen hundred and nine, but not issued."

May 2. Senate Bill, Introductory No. 1075, Printed No.
1349, entitled "An act to prescribe the method by which and the
terms and conditions under which shall be determined the
amount of any debt incurred by the city of New York for any
rapid transit or dock investment prior to the first day of January,
nineteen hundred and ten, which may be excluded in ascertain-
ing the power of the city of New York to become otherwise in-
debted, pursuant to the provisions of section ten of article eight
of the constitution, and to confer jurisdiction on the appellate
division of the supreme court in the first judicial department to
determine the amount of any debt to be so excluded," as
amended.

May 17. Assembly Bill No. 1929 (Senate reprint No.
1588), entitled "An. act in relation to public service commissions,
constituting chapter forty-eight of the consolidated laws."

May 19. Assembly Bill No. 1977 (Senate reprint No. 1605),

entitled "An act to amend the highway law, by repealing article

eleven thereof and inserting a new article eleven, in relation to

motor vehicles."

[246]

Emergency Messages 247

May 24. Assembly Bill No. 2553 (Senate reprint No. 1660),
entitled "An act making appropriations for certain expenses of
government and supplying deficiencies in former appropria-
tions."

May 24. Assembly Bill No. 2347 (Senate reprint No.
1606), entitled "An act to amend the general business law, rela-
tive to employment agencies," as amended. .

May 24. Assembly Bill No. 1452 (Senate reprint No.
1644), entitled "An act to amend the insurance law, relative to
the purposes for which certain insurance companies may be in-
corporated."

May 24. Assembly Bill No. 1521 (Senate reprint No.
1 °45)> entitled "An act to amend the insurance law, in relation
to persons, partnerships or associations engaging in the business
of insurance as Lloyds or inter-insurers."

May 25. Assembly Bill No. 2660, entitled "An act to
establish a hospital commission for the city of- Yonkers, and to
provide for the care of persons in said city suffering from tuber-
culosis in advanced stages."

May 25. Senate Bill, Introductory No. 1173, Printed No.
1673, entitled "An act for the removal to the supreme court of
cases pending in the county court in counties having a popula-
tion of one million or over."

May 26. Senate Bill, Introductory No. 1171, Printed No.-
1667, entitled "An act to legalize the acts of the board of trus-
tees of the village of Liberty, Sullivan county, in appointing the
members of the village board of health."

May 26. Assembly Bill, Introductory No. 1753, Printed No.
2676, entitled "An act to amend chapter four of the laws of
eighteen hundred and ninety one, entitled An act to provide for
rapid transit railways in cities of over one million inhabitants,'
relative to contracts for equipment, maintenance and operation
of railroads, to allow cities to reserve the right to permit the use
thereof by other persons, firms and corporations and by the
municipality itself."

May 26. Assembly Bill No. 2328 (Senate reprint No.
1670), entitled "An act to amend the agricultural law, in relation
to inspection and sale of seeds," as amended.

May 26. Senate BilJ, Introductory No. 1178, Printed No.

248 Public Papers of Governor Hughes

1678, entitled "An act authorizing the city of Lockport to raise
money for the maintenance of a dispensary for the examination
and treatment of tuberculosis."

May 26. Senate Bill, Introductory No. n 74, Printed No.
1674, entitled "An act authorizing the city of Lockport to raise
money for fire purposes and public amusement."

May 26. Assembly Bill, Introductory No. 795, Printed No.
2347 (Seriate reprint No. 1606), entitled "An act to amend the
general business law, relative to ^employment agencies," as
amended.

May 26. Senate Bill, Introductory No. 1129, Printed No.
1609, entitled "An act to amend the election law, in relation to
nominations and primaries," as amended.

May 26. Senate Bill, Introductory No. 1179, entitled "An
act to amend the forest, fish and game law, in relation to the tak-
ing of grouse and quail in Dutchess county."

May 27. Assembly Bill No. 1023 (Senate reprint No.
1371), entitled "An act making appropriations for the support
of government," as amended.

May 27. Assembly Bill No. 2553 (Senate reprint No.
1660), entitled "An act making appropriations for certain ex-
penses of government and supplying deficiencies in former ap-
propriations," as amended.

May 27. Senate Bill, Introductory No. 11 80, Printed No.

1679, entitled "An act to provide for the printing, publication
and distribution of the consolidated public service commissions
law, the consolidated railroad law and the education law, as
amended."

Extraordinary Session.

June 30. Senate Bill, Introductory No. 1, Printed No. 1,
entitled "An act to amend the election law, in relation to nomi-
nations and primaries," as amended.

July 1. Assembly Bill, Introductory No. 12, Printed No.
21, entitled "An act to amend the tax law, in relation to taxable
transfers."

July 1. Assembly Bill, Introductory No. 20, entitled "An act
making an appropriation for the expenses of the extraordinary
session of the legislature convened by the governor June
twentieth, nineteen hundred and ten."

VI
APPOINTMENTS

[249]

VI
APPOINTMENTS

Executive

Secretary to the Governor.

July i. George Curtis Treadwell of Albany to suc-
ceed Robert H. Fuller, resigned.

Counsel to the Governor.

Jan. 5. Roger P. Clark of Binghamton to succeed
Carlos C. Alden, resigned.

Military Secretary.

July 2. Frederick Melvin Crossett of New York city
to succeed George Curtis Treadwell, re-
signed.

A Member of the Commission to Acquire a Site for
the New York State Training School for Boys.
Jan. 14. Joseph C. Baldwin, Jr., of Mount Kisco to

succeed Dennis McCarthy, resigned. No

stated term.

The Adjutant-General of the State of New York.
June 1. William Verbeck of Manlius to succeed. Nel-
son Herrick Henry, who was withdrawn
from active service on his own request and
placed upon the retired list.

A Trustee of the New York Agricultural Experiment

Station.
Feb. 28. Lewis L. Morrell of Kinderhook to succeed
himself, term expired. For a term to ex-
pire December 31, 1912.

r-2so]

Appointments 251

April 7. Lewis L. Morrell of Kinderhook to succeed
himself, failed to qualify. For a term to ex-
pire December 31, 1912. t

Members of the Commission on New Prisons.

May 26. John C. West of New York city to succeed
Samuel J. Barrows, deceased.

May 26. George S. Skiff, M. D., of Gainesville to suc-
ceed Charles F. Howard, M. D., resigned.
No stated term.

A Member of the Bronx Parkway Commission.

July 25. William White Niles of New York city reap-
pointed for a term to expire July 25, 1915.

Appointive Members of the State Probation Commission.

Sept. 16. Alphonso Trumpbour Clearwater of Kingston
reappointed for a term to expire July 1,

I9I3-

Sept. 16. Edmond J. Butler of New York city to suc-
ceed Charles F. McKenna, term expired, for
a term to expire July 1, 1914.

Oct. 4. Edward C. Blum of the borough of Brooklyn,
New York City, to succeed Frank E. Wade,
resigned, for a term to expire July 1, 1912.

Forest, Fish and Game Commission.

Oct. 5. H. Leroy Austin of Catskill to succeed James
Spencer Whipple, resigned. Recess ap-
pointment requiring confirmation.

Members of Perry's Victory Centennial Commission

(Pursuant to Concurrent Resolution of the Senate and

Assembly, January 26-27, 1910.)

July 20. Ogden P. Letchworth of Buffalo, George D.

Emerson of Buffalo, John T. Mott of

252 Public Papers of Governor Hughes

Oswego, Clinton Bradford Herrick, M. D.,
of Troy and Henry Harmon Noble of
Essex.
This commission will co-operate with those
appointed by several other States in cele-
brating the anniversary of the victory of
Commodore Oliver Hazard Perry at the
battle of Lake Erie in the War of 1812,
which will be held at Put-in-Bay Island,
Lake Erie, Ohio, in 1913.

Members of the Andersonville Prison Monument Com-
mission (Chapter 206, Laws of 1910).
July 21. Isaac M. Foster of Port Ewen, Silas G. Bur-
dick of Cuba, and Robert B. McCully of
New York city. No stated term.

Members of the Board of Embalming Examiners of the
State of New York.
Oct. 5. William J. Phillips of Albany reappointed for

a term to expire December 5, 1910
Oct. 5. Cornelius F. Burns of Troy reappointed for

a term to expire December 5, 1910
Oct. 5. Lemuel A. Jeffreys of Rochester reappointed

for a term to expire December 5, 191 1
Oct. 5. Frederick Hulberg of New York reappointed

for a term to expire December 5, 1912
Oct. 5. Charles F. Moadinger, Jr., of the borough of

Brooklyn reappointed for a term to expire

December 5, 1912

District Attorney — Greene County.

Jan. 5. H. Leroy Austin of Catskill as district attor-
ney of and for the county of Greene to fill
the vacancy caused by the resignation of
Pierre S. Jennings.

Appointments 253

Countv Clerk — Delaware County.

Feb. 10. James K. Penfield of Delhi as county clerk of
and for the county of Delaware to fill the
vacancy caused by the death of Charles
Herring.

Coroner — Chemung County.

Feb. 14. Raymond A. Turnbull, M. D., of Elmira as a
coroner of and for the county of Chemung
to fill the vacancy caused by the death of
John A. Westlake.

Coroner — Delaware County.

Feb. 28. Thomas L. Craig, M. D., of Davenport as cor-
oner of and for the county of Delaware,
who was elected in November, 1909, and
failed to qualify.

Coroner — Ontario County.

March 24. Alfred W. Armstrong of Canandaigua as a
coroner of and for the county of Ontario to
fill the vacancy caused by the resignation of
Patrick M. Donovan.

Trustees of the Supreme Court Library at Troy.

Oct. 5. William J. Roche of Troy reappointed for

a term to expire December 30, 191 1

Oct. 5. Michael A. Tierney of Troy reappointed for
a term to expire December 30, 1912

Trustee of the Supreme Court Library at White Plains.

Oct. 5. John F. Brennan of Yonkers reappointed for
a term to expire December 30, 1914

254 Public Papers of Governor Hughes

Governor and Senate

State Commissioner in Lunacy.

Feb. 17. William Cary Sanger of Sangerfield to suc-
ceed William L. Parkhurst, term expired,
for a term to expire December 31, 1914.
Confirmed February 17.

Fiscal Supervisor of State Charities.

Jan. 13. Dennis McCarthy of Syracuse reappointed for
a term to expire June 9, 1912. Confirmed
January 19.

Commissioners of the State Board of Charities.

March 4. John W. Hogan of Syracuse, to succeed Den-
nis McCarthy, resigned, for a term to ex-
pire March 23, 191 5. Confirmed March 11.

May 26. Richard L. Hand of Elizabethtown reap-
pointed for a term to expire March 23,
1918. Confirmed May 27.

May 26. Frank A. Fetter of Ithaca to succeed Ralph
W. Thomas, resigned, for a term to expire
March 23, 1914. Confirmed May 27.

Sept. 20. Frank A. Fetter of Ithaca to succeed himself,
failed to qualify. Recess appointment re-
quiring confirmation.

Oct. 4. Joshua M. Van Cott, M.D., of the borough of

Brooklyn to succeed Annie G. Bolton, de-
ceased. Recess appointment requiring con-
firmation.

Trustees of the State School of Agriculture at Morris-
ville.
May 5. John A. Stewart of New York city reap-
pointed for a term to expire November 16,
1914. Confirmed May 6.
May 5. Fitch Gilbert, Jr., of Gilbertsville reappointed
for a term to expire November 16, 1914.
Confirmed May 6.

Appointments 255

Superintendent of Banks.

Jan. 13. Orion Howard Cheney of New York city re-
appointed for a term to expire May 9, 191 1.
Confirmed January 19.

Agent of the Onondaga Indians Residing on the Onon-
daga Reservation.
May 5. Oliver Nichols of South Onondaga reap-
pointed for a term to expire April 26, 1911.
Confirmed May 6.

Port Wardens of the Port of New York.

May 27. Christopher Marsden of Elmhurst to succeed
Robert T. Courtney for a term to expire
December 5, 1910. Confirmed May 27.

May 27. Marcus Braun of New York city to succeed
James F. Pegnan for a term to expire July
14, 1913. Confirmed May 27.

May 27. George E. Beckwith of the borough of Brook-
lyn to succeed Harry Jaquillard for a term
to expire March 30, 19 13. Confirmed May
27.

May 27. Michael H. Blake of New York city to suc-
ceed Henry Bradt for a term to expire May
18, 1913. Confirmed May 27.

May 27. Jerome B. Johnson of Oyster Bay reappointed
for a term to expire April 28, 191 1. Con-
firmed May 27.

May 27. Henry O. Appleby of the borough of Brook-
lyn to succeed Michael Hines for a term to
expire April 18, 191 1. Confirmed May 27.

May 27. Charles H. Hemingway of Mount Vernon to
succeed Richard O'Brien for a term to ex-
pire May 13, 1912. Confirmed May 27.

May 27. Morris Levy of New York city to succeed
Charles S. Adler for a term to expire March
16, 1913. Confirmed May 27.

256 Public Papers of Governor Hughes

May 27. John H. Gunner of New York city reappointed
for a term to expire March 16, 1913. Con-
firmed May 27.

Commissioners of Prisons.

May 26. Simon P. Quick of Windsor reappointed for
a term to expire June 21, 1913. Confirmed
May 26.

May 26. Edgar A. Newell of Ogdensburg reappointed
for a term to expire June 21, 1913. Con-
firmed May 26.

May 26. Francis C. Huntington of New York city re-
appointed for a term to expire June 21,

1914. Confirmed May 26.

May 26. Henry Solomon of New York city reappointed
for a term to expire June 21, 1914. Con-
firmed May 26.

May 26. Frank E. Wade of Buffalo to succeed Charles
F. Howard, M. D., resigned, for a term to
expire June 21, 191 1. Confirmed May 26.

Public Service Commissioner — First District.

Jan. 27. Milo Roy Maltbie of New York city reap-
pointed for a term to expire February 1,

1915. Confirmed January 27.

Public Service Commissioners — Second District.

Jan. 27. Martin S. Decker of New Paltz reappointed
for a term to expire February 1, 19 15. Con-
firmed January 27.

Jan. 27. John N. Carlisle of Watertown to succeed
Thomas Mott Osborne, resigned, for a term
to expire February 1, 191 1. Confirmed Jan-
uary 27.

State Fair Commissioners — (Chapter 366, Laws of 1910.)
May 27. William Pitkin of Rochester for a term to ex-
pire June 1, 191 1. Confirmed May 27.

Appointments - 257

May 27. Abraham .E.-Perren of Buffalo. ;^hq. is also ap-;
. .;■ ,.. pointed as superintendent of fair grounds

and buildings for a term to expife Tune 1,

tilths i . n.fc-j ' ' • ! J

rl 1912. Confirmed May 27.
May 27'. Ira Sharp of Lowvill'e for a term to expire

June 1, 1913. Confirmed May 27.
May 27. De Forest Settle of Syracuse . for, a term to ex-

. , . pire June 1, 1914. Confirmed May 27.

May 2.J. Charles A.Wieting Of Cobleskill for a term to
expire June 1, 191 5] Confirmed May 27.

' ~' ' < ' ' ■ ' 11 '' '
A State Tax Commissioner.
i . ■ •'■.'- '':■.. ■ ■':.:'. ; . I _ . ,•' ) -J

April 26. Benjamin E. -flail of New York city reap-
pointed for a term to expire December 31,
19.12. Confirmed April 26.

Commissioners of th.e Palisades Interstate Park.

Jan. 31. D. McNeely Stauffer of Yonkers reappointed
for a term to expire February 12, 1915.
Confirmed January 31.

Jan.. 31. Edwin. A.. Stevens of Hoboken, N. J., reap-
pointed for a term to expire February 12,
19 15. Confirmed January 31.

Uniformity of Legislation Commission.

I Jan. 13. Carlos C. Alden of Buffalo to succeed Adel-
bert Moot, failed to qualify. No stated
term. Confirmed January 19.

Trustees of Washington's Headquarters.

- ,., May . 26. Alenson Y. Weller of Newburgh reappointed
for a term to expire April 1, 1915. 'Con-
firmed May 26.

. (Ii . .May 20. Michael Salley, D. D., of Newburgh to suc-

,.' rn ceed Howard Thornton, for a term tb ex-

pire April 1, 1915. Confirmed May 26.

9

258 Public Papers of Governor Hughes

State Water Supply Commissioner.

May 26. Robert H. Fuller of Albany to succeed Ernst
J. Lederle, resigned, for a term to expire
June 5, 1914. Confirmed May 26.

A Member of the Advisory Board of Consulting
Engineers.

Jan. 13. Joseph Ripley of Albany reappointed. No
stated term. Confirmed January 19.

A Hellgate Pilot.

Feb. 28. J. Walworth Horton of New York city. No
stated term. Confirmed March 10.

Commissioners of the State Reservation at Saratoga
Springs.

Jan. 24. Benjamin F. Tracy of New York city to suc-
ceed Edwin F. Shepard, resigned, for a term
to expire January 25, 1915. Confirmed Jan-
uary 25.

Jan. 24. George Foster Peabody of Lake George to
succeed Spencer Trask, deceased, for a term
to expire January 25, 191 5. Confirmed
January 25.

Jan. 24. Frank N. Godfrey of Olean reappointed for a
term to expire May 29, 1914. Confirmed
January 25.

Members of the Board of Trustees of Cornell Univer-
sity.

Jan. 13. Almon R. Eastman of Waterville reappointed
for a term to expire commencement week,
191 1. Confirmed January 26.

Jan. 13. Thomas B. Wilson of Halls Corners reap-
pointed for a term to expire commencement
week, 1912. Confirmed January 26.

Appointments 259

Jan. 13. Henry W. Sackett of New York city reap-
pointed for a term to expire commencement
week, 1913. Confirmed January 26. «

Jan. 13. Frederick C. Stevens of Attica reappointed for
a term to expire commencement week, 1914.
Confirmed January 26.

Jan. 13. John N. Carlisle of Watertown reappointed for
a term to expire commencement week, 1910.
Confirmed January 26.

^ a Y 5- John N. Carlisle of Watertown reappointed for
a term to expire commencement week, 1915.
Confirmed May 6.

Loan Commissioners.

Jan. 13. Essex county — C. Arthur Otis of Wilmington
reappointed for a term to expire October 11,
191 1. Confirmed January 19.

Jan. 13. Columbia county — Wesley Bathrick of Galla-
tin reappointed for a term to expire October
26, 191 1. Confirmed January 19.

County Treasurer — Franklin County.

May 13. Burton L. Reynolds of Malone as county treasurer
of and for the county of Franklin, to fill the
vacancy caused by the death of Frank L. Car-
penter. Confirmed May 13.

STATE HOSPITALS
Managers of the Bingiiamton State Hospital.

Feb. 28. Jervis Langdon of Elmira reappointed for a
term to expire December 31, 1916. Con-
firmed February 28.

May 17. Jonas M. Kilmer of Binghamton to succeed
Jerome De Witt, resigned, for a term to ex-
pire December 31, 1910. Confirmed May 18.

Aug. 18. William W. Farley of Binghamton to succeed
Jonas M. Kilmer, failed to qualify. Recess
appointment requiring confirmation.

,26p Public Papers of Governor Hughes

Manager of , the /Buffalo State Hospital. , . . f;j ;[

Feb. v r, Andrew V. V. Raymond, D. D., of Buffalo to
■<^ "" succeed William C. Kratfss, deceased, for a
,:c :h\< . -term-to expire Decembei 4 131, '1916: . Con-
firmed February 2.

Managers of the Central Islip State' Hospital.

Jan. 1*3. Richard O'Gorman of - New York city reap-
pointed for a term, to- expire December 31,
/ \ ... . 1912. ,. Confirmed January 26.
Jan. 13. Frank S. Williams of ; New York city reap-
pointed for a term to expire December 31,
1916. Confirmed January 26. ... ,■ , T
,, ; Map:h;24, Anita Owen Floyd- Jones of Massapequa to suc-
, ,.;, 4 1 - ; ..^ceeduEHzabeth D. Morgan, failed to qualify,
for a term to expire December 31, 1913.
, -, ■ ,:,,,; Confirmed March. 30.

Managers of the Hudson River State Hospital.

Jan. 27. Reginald W. Rives of New Hamburg reap-
pointed for a term to expire' December 31;
'' ! -'> - 1916. Confirmed January 1 27. - ; •■' ;
Sept. 16. Lewis R. Parker- of Albany to succeed William
D. Granger; vacancy caused by Westchester
county being placed in Hospital District of
Mohansic State Hospital. Recess appoint-
ment requiring confirmation.

Manager of the Kings Park State Hospital.

Jan. 31. Helen J. McKeen of the Borough of Brooklyn

reappointed for. a term to expire December

. 31, 1916. Confirmed January 31.

Oct. 4. Rev. John C. York of Huntington to succeed

John Rooney, deceased. Recess appointment

requiring confirmation.

c.3ii;;'ji-i >x Appointments 261

Manager of the Long Island State Hospital. 1u «ho/. >:/-.l^

J^i"|a i a , j j: '- I ' i 3i ; .' : J. ''Edward Swaristrom 3 of the Borough of

.«'iqi ,if, ^S' 1 ''-- Brooklyn reappointed for a term to expire

December 31, 1916.' Confirmed January 31.

Managers of- the Manhattan State Hospital. ■ 'Aia/.y.i.lC
■ici Jan.io 27.: Thomas M. Mulr'y::of .New York city reap-
-::jJ .'^i(-H ,i£ .pointed for a term to expire December 31,

1916. .Confirmed January .27.
Sept. 16. Julia Kemp West of New York city to succeed
--. )II jiHiv/ioiL' Eleanora , Kinnicutt,: resigned. Recess ap-.

pointment requiring confirmationwri'i

I -DC'! 0} hu , 1 u '' J - [ .'3.. xo'l

Managers of j the Rochester State Hospital.

JaiViEj 3i- Thomas A. O'Hare, M. D., of Rochester reap-
-jfj-; ot vJi'j >f~o7 pointed , -for a term to expire December 31,
•;ol ,Lon T,: ■ "' : 1916- Confirmed January 31.
-;;:. Sept. 15. Lillie Boiler Werner of Rochester reappointed.
Recess appointment requiring confirmation.

•air ■ . , ..,:•('"

Managers or the Saint Lawrence State Hospital.

,i,r Jan. 27. Annie Eliza Chattertqn Daniels of Ogdensburg
reappointed for a term to expire December
31, 1 91 6. Confirmed January 27.

,-v July 18. H. ('.Putnam Allen of Fulton to -succeed Frank
M. Bosworth, resigned., Recess, appointment
- ,»• requiring confirmation.

Managers of the Utica State Hospital.

31. William G. -Mayer of Waterville reappointed
for a term to expire- December 31, 1916.
Confirmed January 31.

7. John D. Ker-uan of Utica. to succeed himself, he
having resigned as such manager on June 14,
1909. Term to expire on December 31, 1912.

1. y .Confirmed March 7. . . _- ,

,17., Mary Isabel Doolittle of, Utica to succeed Mar-
ietta D. Coxe, resigned. Recess appointment
requiring confirmation.

(■1

Tan.

vxl

r . ■::■'

<jl

March
'.'■.- ■ r,

V.R!

r, 1

(■■'■ h
Sept,

262 Public Papers of Governor Hughes

Manager of the Willard State Hospital.

Jan. 31. Emmett C. Dwelle of Penn Yan reappointed
for a term to expire December 31, 19 16.
Confirmed January 31.

Manager of the Gowanda State Homeopathic Hospital.

Feb. 28. Fred J. Blackmon of Gowanda reappointed for
a term to expire December 31, 191 6. Con-
firmed February 28.

Managers of the Middletown State Homeopathic Hos-
pital.

Feb. 28. Julia Metcalf Cary of New York city to succeed
Alice Larkin, resigned, for a term to expire
December 31, 1915. Confirmed March 10.

Feb. 28. Annie Dowes Hoe of New York city to suc-
ceed Harriet A. Dillingham, resigned, for
a term to expire December 31, 1916. Con-
firmed March 10.

May 17. May Langhaar of the Borough of Brooklyn to
succeed Annie Dowes Hoe, failed to
qualify, for a term to expire December 31,
1916. Confirmed May 25.

Managers of the Mohansic State Hospital (Chapter 57,
Laws of 1910).

May 5. William D. Granger, M. D., of Bronxville for a
term to expire December 31, 1910. Con-
firmed May 11.

May 5. Mary Flexner of New York city for a term to
expire December 31, 191 1. Confirmed May
11.

May 5., Frank Tucker of New Rochelle for a term to
expire December 31, 1912. Confirmed May
11.

May 5. Andrew J. Shipman of New York city for a
term to expire December 31, 1913. Con-
firmed May 11.

Appointments 263

May 5. John C. Clark of New York city for a term to
expire December 31, 1914. Confirmed May
11.

May 5. Helen Miller Gould of New York city for a
term to expire December 31, 191 5. Con-
firmed May 11.

May 5. Valentine Everit Macy of Scarboro for a term
to expire December 31, 191 6. Confirmed
May 11.

May 26. Pierre Jay of Mount Kisco to succeed Valentine
Everit Macy, failed to qualify, for a term to
expire December 31, 1916. Confirmed May
26.

Sept. 16. J. Howard Wainwright of Rye to succeed
Pierre Jay, failed to qualify. Recess ap-
pointment requiring confirmation.

CHARITABLE INSTITUTIONS
Manager of the New York State Hospital for the Care
of Crippled and Deformed Children.
May 5. Newton M. Shaffer, M. D., of New York city
reappointed for a term to expire February,
1917. Confirmed May 6.

Trustees of the New York State Hospital for the Treat-
ment of Incipient Pulmonary Tuberculosis.

March 4. Frank A. Bosworth of Utica to succeed Edward
R. Rice, resigned, for a term to expire Feb-
ruary, 1914. Confirmed March 10.

May 19. Charles Gibson of Albany to succeed John Ban-
croft Devins for a term to expire February,
1916. Confirmed May 25.

May 19. John Henry Huddleston, M. D., of New York
city to succeed Willis G. Macdonald, M. D-,
resigned, for a term to expire February,
1916. Confirmed May 25.

May 19. John R. Shillady of Buffalo to succeed John H.
Pryor, M. D., resigned, for a term to expire
February, 1915. Confirmed May 25.

264 Public Papers of Governor Hughes

Managers of the Craig -Colony for Epileptics.

May if. Frederick Peterson, M. D., of New York city

. , , reappointed for a term to expire February,
.... .. -Alo£ :■■ .■"*■: ■ . ' , ^ r -

1912. Confirmed May, 17,

May ij. Percy L. Lang of Waverly reappointed for a

- term to expire February, 1913. Confirmed

ho:.-,;. ., .0. i¥ a y : 7-.. -... '.

May 17. Daniel B. Murphy of Rochester reappointed for
2(i;j r /, , • . aterm to expire' February, 1914. Confirmed

ol r: ; -io; ■ ■■ . M ay 17 ■ : ■

Managers of the New York State Training School for

I« . .Girls... . , .

-■'' Jan. 27, „ Nathaniel H. Levi of the Borough of Brooklyn
reappointed for a term to expire February,
1917. Confirmed January 27.
Sept. 28.' Carrie A. Moot of Buffalo to succeed Henry L.
K. Shaw, resigned. Recess appointment re-
quiring confirmation.

•(li> .-. '■'

Managers of the Western House of Refuge for Women.

Feb. 28. Jane L. Armstrong of Rochester reappointed
for a term to expire, February, 1917. Con-
firmed February 28.

May 17. Monsignor John L. Reilly of Schenectady to
succeed Stephen C. Waterman, resigned, for
a term to expire February, 191 6. Confirmed
May 18.

May 17'. Frederick S. Kellogg of Utica original appoint-
ment (pursuant to Chapter 149, Laws of
1909), for a term to expire February, ,1915.
Confirmed May 18.

Oct. 4. Robert G. Cook, M. D., of Canandaigua to suc-
ceed Frederick S. Kellogg, failed to qualify.
Recess appointment requiring confirmation.

Appointments 265

Managers of the State Agricultural and < Industrial
I , :( School., , ...

-i >May 1 17. Uriel B. Moses of Lima : reappointed for a

term tp expire February, 1912. Confirmed

.' ;',. ; May 17. , -. -, .

May. 17. William .Bausch of Rochester reappointed for

a term., to expire February, 1913. Con-

'.,... .. ...-,!. firmed May 17. . , n ,

May _ 26. ...John- F. . White ,of Rochester to succeed Wil-
liam Bausch, failed to qualify, for a term
to expire February, 1913. Confirmed May
26..,

Managers of the State Custodial Asylum for Feeble-
minded Women.
Jan, 13. Henry H. Stebbins', D. D., of Rochester 'reap-
pointed for a term to expire February, 191 1.
Confirmed January 19.
Jan. 13. Peter Kemper, Jr., of Newark reappointed for
'''''•' ' a.' term' to expire^- February, 1916. Con-
firmed January 19.
- . May 5. Gertrude A. Moss of Rochester reappointed
, ''■■-'"' for a term to expire February, 1917. Con-

firmed May 6. '
-.: Oct. 4. Charles P. Emerson of Clifton Springs to
t succeed Robert pey,' resigned. Recess ap-

r pointment requiring confirmation.

Manager of the Rome State Custodial, Asylum.

Jan. 13. Stoddard M, Stevens of p[ Rome reappointed
for a term to expire February, 1915. Con-
firmed January 19^,

.., • ! ..',- - , .. , ' ■" •/ - - T r

MAnager of ' the Syracuse Institution for Feeble-

'"" Minded'Ct-iiltjr'en. r,t ' '

Jan. 13. Walter W. Cheney of Manlius reappointed for
a term to expire February, 1915. Con-
firmed January 13.

266 Public Papers of Governor Hughes

Managers of Letchworth Village.

Jan. 13. Cassity E. Mason of Tarrytown reappointed
for a term to expire February, 191 1. Con-
firmed January 19.

Jan. 13. Thomas J. Colton of New York city reap-
pointed for a term to expire February, 1912.
Confirmed January 19.

Jan. 13. Frank A. Vanderlip of Scarboro reappointed
for a term to expire February, 19 13. Con-
firmed January 19.

Feb. 28. Frank A. Vanderlip of Scarboro to succeed
himself, failed to qualify, for a term to ex-
pire February, 1913. Confirmed February
28.

Jan. 13. Marion R. Taber of New York city reap-
pointed for a term to expire February,

1914. Confirmed January 19.

Jan. 13. L. Pierce Clark, M. D., of New York city re-
appointed for a term to expire February,

191 5. Confirmed January 19.

Jan. 13. Franklin B. Kirkbride of New York city re-
appointed for a term to expire February,

1916. Confirmed January 19.

Jan. 13. Leopold Sondheim of New York city reap-
pointed for a term to expire February 1,
1910. Confirmed January 19.
' Feb. 1. Leopold Sondheim of New York city reap-
pointed for a term to expire February,

1917. Confirmed February 2.

i

Trustee of New York State Soldiers and Sailors' Home.
May 5. William H. Nichols of Bath reappointed for
a term to expire February, 1917. Con-
firmed May 6.

Appointments 267

Manager of the New York State Woman's Relief Corps
Home.

May 5. Georgianna S. Griffith of Troy reappointed
for a term to expire February, 1917. Con-
firmed May 6.

REFORMATORIES
Member of the State Board of Managers of Reforma-
tories.
Jan. 31. William N. Eastabrook of Elmira reappointed
for a term to expire December 31, 1916.
Confirmed January 31.

Managers of the New York State Reformatory for
Women.

May 17. William G. Barrett of Katonah to succeed
Joseph Barrett, deceased, for a term to ex-
pire February, 1915. Confirmed May 18.

Feb. 28. David Cromwell of White Plains to succeed
M. Allen Starr, resigned, for a term to ex-
pire February, 1916. Confirmed May 18.

Jan. 2"]. James Wood of Mount Kisco reappointed for
a term to expire February, 1917. Con-
firmed January 27.

JUDICIAL

Associate Judge of Court of Appeals.

Oct. 5. Frederick Collin of Elmira to fill the vacancy
caused by the death of Edward T. Bartlett.

Special Surrogate — Chautauqua County.

Feb. 11. Robert J. Cooper of Dunkirk as special surro-
gate of and for the county of Chautauqua
to fill the vacancy caused by the resignation
of Albert E. Nugent. Confirmed February
*7-

-268 Public Papers of Governor Hughes

County Judge and' Surrogate — Lewis County. .;: ;.".![

Feb. 16. Milton Carter of Harrisville as bounty judge
and surrogate of and for the county of
Lewis to fill the vacancy caused by the resig-
nation of Edgar S. K. Merrell. Confirmed
February 17.

County Judge and Surrogate — Sullivan County,; , C7L \r

April 5. William L. Thornton of Monticello as county

• ■ judge and surrogate of and for the ifounty

of Sullivan- to fill the vacancy caused by the

death of John P. Roosa. Confirmed April

6.

HONORARY ■'■''M

National Civic Federation.

January 8. As delegates to the meeting of the National
"Civic Federation, to be held in Washington; D. C, January 17,

1910 : VI

Elihu Root, Washington,. D. C,

" Andrew Carnegie, New York:.

Seth Low, New York.

Alton B., Parker, Esopus. " "

Nicholas Murray Butler, New York.

William R. Willcox, New York.

Edwin R. C. Seligman, New York.

Isaac N. Seligman, New York.

George W. Perkins, New York. : :> --;A

J.';Mayhew Wainwright, Rye. ■ )

, Howard R. Bayne, New Brighton.

Walter F. Willcox, Ithaca.

Jeremiah W.. Jenks, Ithaca. '.;> >ht,v, ; >:n?

t ■ - Henry R. Seager, New York. <- r TT ,. - r

-'-■■ i ■■.-jriiuD J esse S~ Phillips, Andover.

; : ... Lawrence F, Abbott, New Ypj-k.
• -r ■ John G. Agar,. New York. , ■
James Speyer, New York.

^'-i«i ■ Appointments 269

V. Everitt Macy, New Yorki
;Henry Phipps, New York.
William C. Brown, New York.
Frank A. Vanderlip, New York.
Charles A. Moore, New York.
Marcus M. Marks, New York.
Otto M. Eidlitz, New York.
John Mitchell, New York.
Timothy Healy, New York.
Jan. 13. Cyrus W. Phillips, Rochester.

William A. Gardner, Amsterdam.

American Automobile Association. , •

February 14. Delegate to the National Legislative Con-
vention of the American Automobile Association, to be held in
Washington, D. C, February 15, 1910: Thomas F. Fennell,
Elmira.

,i' ■
Conference on Medical Education and Medical Legis-
lation. <
February 25. Delegate to the Special Conference on
Medical Education and Medical Legislation, to be held in
Chicago, 111., February 28, 1910: Willis G. Macdonald,
M.'D., Albany."

American Confederation of Medical Boards.

February 25. Delegates to the annual .meeting of the
American Confederation of Reciprocating, Examining and
Licensing Medical Boards, to be held in Chicago, 111., March
3, 1910: Willis G. Macdonald, M. D., Albany.

National Conference of Charities and Correction.

'March 26. Delegates to the National Conference of Chari-
ties and Correction, to be held in St. Louis, Mo., May 19--26,
1910:

Robert W. DeForest, New York.

Otto T. Bannard, New York.

Edward T. Devine, New York.

270 Public Papers of Governor Hughes

Homer Folks, Yonkers.
William Rhinelander Stewart, New York.
Dennis McCarthy, Syracuse.
Robert W. Hebberd, New York.
Thomas M. Mulry, New York.
Simon W. Rosendale, Albany.
Mary Simkhovitch,.New York.
Francis C. Huntington, New York.
George E. Dunham, Utica.
Henry Melville, New York.
Joseph F. Scott, Elmira.
Henry Moskowitz, New York.
Lillian D. Wald, New York.
Jane L. Armstrong, Rochester.
Albert Warren Ferris, M. D., New York.
Charles F. Howard, M. D., Buffalo.
Ansley Wilcox, Buffalo.
Hortense V. Bruce, M. D., Hudson.
Katharine B. Davis, Bedford.
May 10. Henry Solomon, New York.

American Academy of Political and Social Science.

March 26. Delegates to the meeting of the American
Academy of Political and Social Science, to be held in Phila-
delphia, Pa., April 8-9, 1910:

Robert W. DeForest, New York.

Samuel M. Lindsay, New York.

Milo Roy Maltbie, New York.

National Association of Shell Fish Commissioners.

March 31. Delegates to the Convention of the National
Association of Shell Fish Commissioners, to be held in Mo-
bile, Ala., April 19, 1910:

Tarleton H. Bean, New York.

B. Frank Wood, Jamaica.

Charles Wyeth, New York.

Appointments 271

International Congress of Road Builders.

May 18. Delegate to the International Congress of Road
Builders, to be held in Brussels, Belgium, July 31, 1910:
Elmer L. Corthell, New York.

National Good Roads Congress.

July 19. Delegates to the National Good Roads Congress,
to be held in Niagara Falls, N. Y., July 28, 1910:
Samuel Percy Hooker, Le Roy.
C. E. Shafer, Lockport.
Thomas Warren Allen, New York.
Robert Earl, Herkimer.
George C. Diehl, Buffalo.
John M. Satterfield, Buffalo.
George F. Nye, Niagara Falls.
Augustus Porter, Niagara Falls.
George Thompson, Middleport.
Onias J. Humphrey, Warsaw.
Norman J. Gould, Seneca Falls.
Gorton E. Allen, Auburn.
W. Pierrepont White, Utica.
Edward Cox, M. D., Albany.
Harr)r" L. Brewster, Rochester.
Albert R. Shattuck, New York. -
A. R. Pardington, New York.

National Congress of Negro Educators.

July 19. Delegates to the National Congress of Negro
Educators, to be held in St. Louis, Mo., August 25, 1910:
John S. Brown, Jr.. New York.
William L. Bulkley, New York.

American Prison Association.

July 20. Delegates to the Congress of the American Prison
Association, to be held in Washington, D. C, September 30
to October 2, 1910:

Cornelius V. Collins, Troy.

Henry Solomon, New York.

2~j2 Public Papers of Governor Hughes

Francis C. Huntington, New York.

Frank E. Wade, Buffalo.

Henry Melville, New York.

Joseph F. .Scott, Elmira.

Albion V. Wadhams, Wadhams.

Homer Folks, Yonkers.
July 21. Fugene Smith, New York.

Robert W. DeForest, New York.

Helen Miller Gould, New York.

Charles S. Whitman, New York.

Robert J. Wilkin, Brooklyn.

Julius M. Mayer, New York.

Mrs. William Emerson, Jr., New York.

Franklin H. Briggs, Industry.

Katharine Bement Davis, Bedford.

Hortense V. Bruce, M. D., Hudson.

Alice Curtin, Albion.

Mornay Williams, New York.

John M. Glenn, New York.

William Cary Sanger, Sangerfield.
Aug. 12. Kathryn I. Hewitt, Hudson.
Sept. 15. Charles M. Hough, New York.

Joseph H. Choate, New York.

Mortimer L. Schiff, New York.

J. G. Schurman, ' Ithaca.

Z. R. Brockway, Elmira.

Margaret O. Sage, New York.

Frederick H. Mills, New York.
OTS ' 17. Albert Warren Ferris, M. D., New York.
29.- George F. Canfield, New York.

International Prison Congress.

July 20. Delegates to the International Prison Congress*
to be held in Washington, D. C, October 2-8, 1910:
n » Cornelius V. Collins, Troy.

°f, ''" Henry Solomon, "New York.

Francis C. Huntington, New York.

Frank E. Wade, Buffalo.

Appointments 273

-AX/-.T .:.■ Henry Melville, New. York.

Joseph F. Scott, Elmira.
sjf;- ■,. ■. Albion V.' Wadhams, Wadhams.
r<tu-,.u. - , Homer Folks, Yonkers.
July 21. Eugene Smith, New York.

Robert W. DeForest, New York.

Helen Miller Gould, New York.

Charles' S. Whitman, New York.

Robert J. Wilkin, Brooklyn.

Julius M. Mayer, New York.

Mrs. William Emerson, Jr., New York.

Franklin H. Briggs, Industry.

Katharine Bement Davis;- Bedford.
,^3-rgnc " ■ Hortense V. Bruce, M. D., Hudson.

Alice- Curtin, Albion.

Mornay Williams, New York.

John M. Glenn, New York.

William Cary Sanger, Sangerfield.
Aug. 12. Kathryn I. Hewitt, Hudson.
Sept. 15. Charles M. Hough, New York.

Joseph H. Choate, New York.

Mortimer- L. Schiff, New York.

J. G. Schurman, Ithaca.

Z. R. Brockway, Elmira.

Margaret O. Sage, New York.

Frederick H. Mills, New York.
17. Albert Warren Ferris, M. D., New York.
19. George F. Canfield, New York.

Atlantic Deeper Waterways Association.

July 21. Delegates to the Atlantic Deeper Waterways As-
sociation Convention, to be held in Providence, R. I., August
3 1, 4o September 3, 1910:
r ; 30n ..Frederick C. 'Stevens, Attica.
} Q ... Frank M. Williams,, Oneida.

ri ; , George -Clinton,.- Buffalo.

Aug. 3.- William T. Donnelly, Brooklyn.
Ao'.Vj'A ^Charles E. Reid, New York.

274 Public Papers of Governor Hughes

International Conference on State and Local Taxa-
tion.
July 21. Delegates to the International Conference on State
and Local Taxation, to be held in Milwaukee, Wis., August
30 to September 2, 1910:

Egburt E. Woodbury, Jamestown.

Lawson Purdy, New York.

Edwin R. A. Seligman, New York.
Aug. 5. Alternate delegates :

Samuel A. Carlson, Jamestown.

Edwin L. Heydecker, New York.

National Conservation Congress.

July 22. Delegates to the National Conservation Congress,
to be held in St. Paul, Minn., September 6-9, 1910 :

James S. Whipple, Salamanca.

Frederick C. Stevens, Attica.

Frank M. Williams, Oneida.

Henry H. Persons, East Aurora.

Andrew S. Draper, Albany.

Raymond A. Pearson, Ithaca.

George H. Cobb, Watertown.

Charles M. Hamilton, Ripley.

Josiah T. Newcomb, New York.

Howard R. Bayne, New Brighton.

Lewis S. Chanler, Barrytown.

Lindon Bates, Jr., New York.

John M. Lupton, Mattituck.

John G. Agar, New York.

Frank N. Godfrey, Olean.
Aug. 3. William Bondy, New York.
19. John H. Finley, New York.

Celebration of Anniversary of Battle of Gettysburg.

July 23. Representative of the State at the conference in
connection with the celebration of the Fiftieth Anniversary of
the Battle of Gettysburg, to be held in Harrisburg, Pa., in
October, 1910: Major-General Daniel E. Sickles, New York.

September 17. Brigadier-General George S. Nichols,
Athens, appointed as Associate Representative.

Appointments 275

National Irrigation Congress.

August 4. Delegates to the National Irrigation Congress,
to be held in Pueblo, Col., September 26-30, 1910:

Liberty H. Bailey, Ithaca.

B. J. Case, Sodus.

Frank N. Godfrey, Olean.

Elmer O. Fippin, Ithaca.

Augustus Denniston, Washingtonville.

Raymond A. Pearson, Albany.

H. L. Brown, Carlton.

William H. Jordan, Geneva.

W. N. Giles, Skaneateles.

Almon R. Eastman, Waterville.

W. W. Ware, Batavia.

N. E. Webster, New York.

Hamlet Worker, Camillus.

Charles R. White, Ionia.

H. G. Aldrich, Gouverneur.
Sept. 6. Edward R. Taylor, Penn Yan.
17. Charles S. Wilson, Ithaca.

1

Dry Farming Congress.

August 4. Delegates to the Dry Farming Congress, to be
held in Spokane, Wash., October 3-6, 1910:

Liberty H. Bailey, Ithaca.

B. J. Case, Sodus.

Frank N. Godfrey, Olean.

Elmer O. Fippen, Ithaca.

Augustus Denniston, Washingtonville.

Raymond A. Pearson, Albany.

H. L. Brown, Carlton.

William H. Jordan, Geneva.

W. N. Giles, Skaneateles.

Almon R. Eastman, Waterville.

W. W. Ware, Batavia.

N. E. Webster, New York.

Hamlet Worker, Camillus.

276 Public Papers of Governor Hughes

Charles R. White, Ionia.
,,.,-. - . H. G.. Aldrich, Gouverneur.
Sept. 6. . Edward R. Taylor, Penn Yan.
17. Charles S. Wilson, Ithaca.

Association of Probate Judges of Michigan.

August 19. Delegate to the annual meeting of the Associa-
tion of Probate Judges of Michigan, to be held in Saginaw,
Mich., September 20,. 1910: Josiah C. Tallmadge, Catskill.

Farmers' National Congress. '

September 7. Delegates to the Farmers' National Congress,
to be held in Lincoln, Neb., October 6, 1910:

Raymond A. Pearson, Ithaca.

William C. Barry, Rochester.

E. W. Catchpole, North Rose.

Elliot B. Norris, Sodus.

Clayton C. Taylor, Lawton Station.

Thomas B. Wilson, Halls Corners.

Ira Sharp, Lowville.

R. H. Smith, Frankfort.

George B. Monroe, Dryden.
Sept: 'if'. £. Q: Dutton, Cato.

American Mining Congress.

September 7. Delegates to the Convention of the American
Mining Congress, to be held at Los Angeles, Cal., September
26 to October 'I;, ,1910: •

Edmond O. Munson, Rochester.

Melville A. Pollock, Rochester.

B. W. Traylor, New York.
Sept. 17. E. S. Mendels, New York.

Third Annual National Good Roads Convention.

September 7. Delegates to the Third Annual National
Good Roads Convention, to be held' in St. Louis, Mo., Sep-
tember 26, 1910:

Appointments 277

S. Percy Hooker, LeRoy.
Thomas Warren Allen, New York.
Robert Earle, Herkimer.
Frank N. Godfrey, Olean.
W. Pierrepont White, Utica.
Albert R. Shattuck, New York.

Eleventh National Good Roads Convention.

September 7. Delegates to the Eleventh National Good
Roads Convention, to be held in Oklahoma City, Okla., Octo-
ber 4-6, 1910 :

S. Percy Hooker, LeRoy.

Thomas Warren Allen, New York.

Robert Earle, Herkimer.

Frank N. Godfrey, Olean.

W. Pierrepont White, Utica.

Albert R. Shattuck, New York.

Commission to Investigate Congestion of Population.*
Oct. 3. Hon. Adelbert Moot of Buffalo.

Hon. Lewis Stuyvesant Chanler of Barrytown.

Prof. Liberty H. Bailey of Ithaca.

Mr. John Mitchell of New York.

Mrs. Florence Kelley of New York.

Dr. Stephen S. Wise of New York.

Mr. V. Everit Macy of New York.

Mrs. V. G. Simkhovitch of New York.

Mr. Cyrus L. Sulzberger of New York.

Mr. Henry T. Noyes of Rochester.

Dr. Antonio Stella of New York.

Mr. W. N. Giles of Skaneateles.

International Congress of Applied Chemistry.

October 5. Member of the Organizing Committee of the
Eighth International Congress of Applied Chemistry, to be
held in the year 1912 :

William G. Tucker, M. D., Albany.

*See " Miscellaneous " for reference to letters in relation to this
Commission.

VII
DESIGNATIONS

[279]

,4.1 r.-. ,..;_

VII
DESIGNATIONS
-;-::: Court Designations

NAME DESIGNATION

George L. Ingraham. Designated as Presiding Designated January i,

Justice of the Appel- 1910.
, , late- Division of the ^

Supreme Court, ' First "
t:>!.." .--.- : '--'. Department.. ,i~r -'rr.' ■ '

Victor J. Dowling. . , Designated as an Asso- Designated January 1,

ciate Justice of the 1910.

Appellate Division of

the Supreme Court,

First Department.
William J. Carr. .. i. Temporary designation Designated' Jafmary i,
l " as an Associate Jus- 19m

tice of the Appellate

Division of the Su-
preme Court, Second

Department.

Nathan L. Miller Designated a.s an Asso- Designated January 1,

i :s:! Tciate Justice of the 1910. '

cv Appellate Division of

the Supreme Court,

First Department.
Frank C Laughlin . . . Redesignated as an As- Redesignated January 1 ,

sociate Justice of the 1910.

Appellate Division of

the Supreme" "Court,
, ,-* 4. ,_„„,, ■•-• . First Department.. , , ,

Chester B f McLaugh"-.
" lin :. ?. .......... ..Redesignated as an As- Redesignated January 1,

sociate Justice of the 1910. "

Appellate Division; of

the Supreme Court,

First Department.
James W. Houghton. Designated as an Asso- Designated January 1,

ciate Justice of the 1910.
. , -. Appellate Division of

the Supreme Court,

Third Department.
'-■f.'j ]•" ' [281]

-nsf) ■■!":■.'- ' ' ■ • ■■ ; ■ '

282 Public Papers of Governor Hughes

Almet F. Jenks Redesignated as an As- Redesignated March 24,

sociate Justice of the 1910.

Appellate Division of

the Supreme Court,

Second Department.
John Proctor Clarke. Redesignated as an As- Redesignated Septem-

sociate Justice of the ber 9, 1910.

Appellate Division of

the Supreme Court,

First Department.

Court Designations Revoked

George L. Ingraham. Designation as an As- Redesignation revoked
sociate Justice of the January 1, 1910.
Appellate Division of
the Supreme Court,
First Department; re-
voked at own request.

Nathan L. Miller. ... Designation as an As- Designation revoked
sociate Justice of the January 1, 1910.
Appellate Division of
the Supreme Court,
Second Department ;
revoked at own re-
quest.

James W. Houghton. Designation as an As- Designation revoked
sociate Justice of the January 1, 1910.
Appellate Division of
the Supreme Court,
First Department; re-
voked at own request.

Designation of the Attorney=GeneraI to Represent the
People at a Term of the Supreme Court to be Held
in Queens County and Conduct Proceedings Against
John Welz and George L. Glaser

State of New York — Executive Chamber.

Albany, April 15, 1910.
To the Hon. Edward R. O'Malley, Attorney-General of the
State of New York, Albany, N. Y .:

Sir. — Pursuant to the provisions of section 62 of the
Executive Law, I hereby require that you, the Attorney-Gen-

Designations 283

eral of the State of New York, attend in person, or by one
of your deputies, a term of the Supreme Court' appointed to
be held and being held in and for the county of Queens fjpr the
month of April, 1910, which said term was appointed to begin
upon the first Monday of said month, and at such later term
or terms of said court appointed or fixed, as shall be held in
and for said county for the purpose of managing and conduct-
ing in said court any and all examinations, inquiries, criminal
actions and appeals now or hereafter pending in said court in
which the People of the State of New York are plaintiffs, and
John Welz and George L. Glaser, or either or both of them,
are defendants, the indictments against said defendants having
been found by the grand jury of Queens county on or about
February 1st, 1908 ; and that in person or by your deputy so at-
tending in the place and stead of the district .attorney of
Queens county you exercise all the powers and perform all the
duties conferred upon you by said section 62 and by this re-
quirement made thereunder; and that in said proceedings,
actions and appeals, the district attorney of Queens county
shall only exercise such powers and perform such duties as
are required of him by you or the Deputy Attorney-General so
attending. (Signed) CHARLES E. HUGHES.

Designation of the Attorney=Qeneral to Represent the
People at an Extraordinary Trial Term of the
Supreme Court to be Held in Schenectady County and
Conduct Proceedings in the Court and Before the
Grand Jury Relating to Any Criminal Charge Against
Any Person or Persons Based Upon Any Violation of
Law Arising Through the Transactions of Any Per-
son with the Officers of Schenectady County

State of New York — Executive Chamber.

Albany, April 26, 1910.

To the Hon. Edward R. O'Malley, Attorney-General of the
State of New York, Albany, N. Y.:

Sir. — Pursuant to the provisions of section 62 of the
Executive Law, I hereby require that you, the Attorney-Gen-

284 Public Papers of Governor Hughes

gfal of this State, attend- in person, or by one of your deputies,
&n "extraordinary trial term of the Supreme Court appointed
8$'Jb"e-held in and for the- county of Schenectady oh the six-
teenth 1 day of May, 1910, and that -you. in person or by 1 said
deputy appear before the grand jury drawn for said- term of
said court, and before any grand jury or grand juries which
shall be drawn and sit for any later term or terms of said
efeu'rt, -for- the purpose of managing and conducting in said
cQurt and before said grand jury, and said other grand juries,
any and all proceedings, examinations,- and inquiries, and any
and all criminal actions and proceedings which may -be had
er taken- by or before said grand jury or by Or before any
Such other grand jury upon, concerning, or relating to ' any
criminal charge against any person or persons, growing out
of or based upon any violation, or alleged violation, of law,
arising through or from the transactions of any person with
the county of Schenectady, or with the officers of said county,
or_ any of them ; and that in person or by your deputy, in the
place and stead of the district attorney of Schenectady county,
y6u ; exercise all the powers and perform all the duties con-
ferred" upon you by said section 62 and this requirement made
thereunder.

(Signed) CHARLES E. HUGHES.

Designation of the Attorney=General to Represent the
^People at a Trial Term of the Supreme Court to be
,,Held in Monroe County and Conduct Proceedings in
■ the Court and Before the Grand Jury Relating to Any
^Criminal Charge Against Any Person or Persons
Based Upon Any Violation of the Election Law

State of New York — Executive Chamber.

Albany, May 6, 1910.
T& the Hon. -Edward R. O'Malley, Attorney-General of the
State of New York, -Albany, N. Y.:

--'Sir. — Pursuant to "the provisions of section 62 -of the
Executive Law, I hereby require, that you, 'the "Attbr-ney-Geii-

Designations ,285

eral .pff this, State, a,tt end in person, or by one of your deputies
a trial terrn-pf the Supreme, Court appointed to, be held in and
for the county ,0! Monroe c onthe ninth day of May, 1910, and,
that. you in person, or by, said deputy, appear before the grand
jury drawn for said -term- of said court, and before any grand
juryjOT. grand juries which shall- be drawn and sit for any later
term ,or terms of, said court, for the purpose, of managing and
conducting in said courjt and before said grand jury, and said
other grand juries, any and. all proceedings, examinations, and
inquiries, 7 and- any and all: criminal actions and proceedings
which may be had or taken by or before said grand jury so
drawn for said, term,- or, by qi; before any such, other grand
jury upon, concerning or relating to any criminal charge
against any person or persons, growing out , of or based -upon
any violation, or alleged yiolation, of the Election Law of the
State of New York, or of the provisions of the Penal, Law ,of
the State of New. York relating to crimes against the elective
franchise; and that -in person or by your deputy, in the plac'»
and stead of the district attorney of Monroe county, you ex-
ercise, all the powers and perform all the duties conferred upon
you by said section 62 and this requirement made thereunder
y t ,/ (Signed) CHARLES E. HUGHES,'. j

Designation of the ^ttorney=Qeneral to Represent the
People at a Trial Term of the Supreme Court to be
Held in Dutchess County and Conduct Proceedings,
in the Court and Before the Grand Jury Relating to
Any Criminal Charge Against Any Person or Persons
Based Upon Any Violation of Law Arising from Any
Act of Any Officer of the Dutchess Insurance Com=
pany or of the Dutchess Fire Insurance Company

State of New York — Executive Chamber.

Albany, June 25, 1910.
To the Hon. Edward R. O'Malley, Attorney-General of the
State of New York, Albany, N. ¥.:
Sir. — Pursuant to the provisions of section 62 of the
Executive Law, I hereby require that you, the Attorney-Gen-

286 Public Papers of Governor Hughes

eral of this State, attend in person or by one of your deputies
the trial term of the Supreme Court appointed to be held in
and for the county of Dutchess commencing on the 6th day
of June, 19 10, and that you in person or by said deputy ap-
pear before the grand jury drawn for said term of said court
and before any grand jury or grand juries which shall be
drawn and sit for any later term or terms of said court for
the purpose of managing and conducting in said court and be-
fore said grand jury and said other grand juries any and all
proceedings, examinations and inquiries, and any and all
criminal actions and proceedings which may be had or taken
by or before said grand jury or by or before any such other
grand jury upou, concerning or relating to any criminal charge
against any person or persons growing out of or based upon
any violation or alleged violation of law arising through or
from any act, transaction or omission of any officer, director,
trustee, agent, employee or servant of the Dutchess Insurance
Company or of the Dutchess Fire Insurance Company, cr of
any other person with relation to the conduct, management,
property or affairs of either of said companies, and to fur-
ther manage and conduct the prosecution and trial at said
June, 1910, term or at any term at which they may hereafter
be tried, of any and all indictments that may be found upon
any of the violations of law hereinbefore mentioned, and that
in person or by your deputy in the place and stead of the
district attorney of Dutchess county, you exercise all the pow-
ers and perform all the duties conferred upon you by said
section 62 and this requirement made thereunder.

(Signed) CHARLES E. HUGHES.

Designations 287

Designation of the Attorney-General to Represent the
People at an Extraordinary Trial Term of the Supreme
Court to be Held in Albany County and Conduct Pro=
ceedings in the Court and Before the Grand Jury Re=
lating to Any Criminal Charge Against Any Person
or Persons Based Upon Any Violation of Law Arising
from Any Act of the State Engineer and Surveyor
During the Years 1907 and 1908

State of New York — Executive Chamber.

Albany, June 23, 1910.

To the Hon. Edward R. O'Malley, Attorney-General of the
State of New York, Albany, N. Y .:

Sir. — Pursuant to the provisions of section 62 of the
Executive Law, I hereby require that you, the Attorney-Gen-
eral of this State, attend in person, or by one of your deputies,
an extraordinary trial term of the Supreme Court appointed
to be held in and for the county of Albany on the 18th day of
July, 1910, and that you in person or by said deputy appear
before the grand jury drawn for said term of said court and
before any grand jury or grand juries which shall be drawn
and sit for any later term or terms of said court for the pur-
pose of managing and conducting in said court and before
said grand jury and said other grand juries any and all pro-
ceedings, examinations and inquiries, and any and all criminal
actions and proceedings which may be had or taken by or
before said grand jury or by or before any such other grand
jury upon, concerning or relating to any criminal charge
against any person or persons growing out of or based upon
any violation or alleged violation of law rising through or
from any act of or transaction on the part of the State En-
gineer and Surveyor, or of any officer or employee connected
with the department of the State Engineer and Surveyor dur-
ing the years 1907 and 1908, or through or from any trans-
action of any person, firm, corporation or association, with the
State Engineer and Surveyor or with any officer or employee
in the department of the State Engineer and Surveyor during

288 Public Papers of Governor Hughes

such years, and to further manage and conduct the prpsequti^M}
and. trial _at ( this, extraordinary term pr. at any term a^.whjch
they may hereafter be -tried, of any and alHndjctments -.that
may be found, upon any of the violations, of law hereinbefore
mentioned, and. that in person: or by your deputy in the;piace
and stead of the: district attorney of Albatty county, you; exer-
cise &11 the powers and perform all the duties, conferred pQon
you by said Section 62 of , this, requirement made jthereundjer.
(Signed) CHARLES E. HUGHES.

Designation of the Attorney=General to Represent the
People at a Trial. Term of the Supreme Court to be
Held in Queens County and Appear Before the Grand
Jury for the Term of the Court for the Purpose of
Conducting in the Court and Before the Grand Jury,
Any Proceedings Relating to Any Criminal Charge
Against Any Person or Persons Based Upon Any Vio-.
lation of Law Arising Through the Transactions in
Queens County of Any Person with the Borough or-
County of Queens. Letter Relating thereto from the
Commissioner of Accounts of New York City.

State of New York — Executive. Chamber.

Albany, September 22, 1910, - ■'-'
To the Hon. Edward R. O'M alley, Attorney-General of the
State of Nezv York, Albany, N. ¥.:
Sir. — Pursuant to the provisions of section 62 of the
Executive Law, I hereby require that you, the Attorney-Gen-
eral of this State, attend in person, or by one of your deputies;,'
a trial term of the Supreme Court appointed to be held in and
for the county of Queens on the third, day of October, 1910,
and any later term or terms of said court, and that you in
person or by said deputy appear before the grand jury for
said term of said court, and before any grand jury or grand
juries which shall be drawn and sit for any later term or terms

Designations 289

of said court, for the purpose of managing and conducting in
said court and before said grand jury and said other grand
juries, and before any trial jury or juries, any and all pro-
ceedings, examinations and inquiries, and any and all criminal
actions and proceedings which may be had or taken by or
before said grand jury or by or before any such other grand
jury, and of prosecuting and trying at any trial term or terms
of the Supreme Court any and all indictments which have
heretofore been found by any Queens county grand jury sit-
ting with the Supreme Court during the year one thousand
nine hundred and ten, and are now pending, or which may be
hereafter found, upon, concerning or relating to any criminal
charge against any person or persons growing out of or based
upon any violation, or alleged violation, of law arising through
or from the transactions in Queens county of any person with
the borough or county of Queens or the city of New York,
or with the officers or employees, or any of them, of said
borough, county or city ; and that in person or by your deputy,
in the place and stead of the district attorney of Queens
county, you exercise all the powers and perform all the duties
conferred upon you by said section 62 and this requirement
made thereunder.

(Signed) CHARLES E. HUGHES.

September 16, 1910.

Hon. Charles E. Hughes, Governor, Executive Mansion,
Albany, N. Y .:
Sir. — As you are doubtless aware, there are now pending
in the county of Queens certain indictments brought against
various officials and employees of the borough of Queens for
acts of official misfeasance. These indictments are the first of
importance that have grown out of the recent investigation
conducted by the office of the commissioner of accounts of
New York city, and have therefore a very vital bearing, not
only upon honest and efficient public administration in that
borough, but upon the ultimate effectiveness of the power of
this office in bringing to light official wrongdoing. I feel that

290 Public Papers of Governor Hughes

you will agree with me that without demonstrating the vitality
of the criminal statutes designed to inhibit wrongdoing in of-
fice, no amount of investigation of such wrongdoing will
effectually serve to prevent it.

I therefore beg leave to suggest to you that the necessity
for a vigorous and disinterested prosecution of the indictments
in question warrants your considering the advisability of sup-
porting the State's case with the powers conferred upon you
by statute. I have specifically in mind the appointment of a
special deputy attorney-general of conspicuous public standing
and broad experience in criminal prosecution.

Respectfully,

(Signed) RAYMOND B. FOSDICK,

Commissioner of Accounts.

VIII
SPECIAL TERflS OF COURT

[291]

VIII
SPECIAL TERMS OF COURT

Extraordinary Trial Term

Action Taken by
Judge Place Governor

Charles C. Van Kirk. Schenectady, Sche- Designated on April
nectady County, on 21, 1910, to hold

May 16, 1910. extraordinary trial

term.

Henry B. Coman...

Albany,

Albany

Designated on June

County,

July 18,

23, 1910, to hold

1910.

extraordinary trial
term.

[293]

IX

REHOVAL PROCEEDINGS AND INVESTS

GATION

[29s]

IX
REMOVAL PROCEEDINGS AND INVESTIGATION

Proceedings for the Removal of Abraham H. Pincus,
Notary Public of New York County

Charges by Henry A. Wise, United States Attorney for the Southern
District of New York were laid before the Governor on December
21, 1909. See Public Papers of Governor Hughes for 1909, page 257.

ORDER OF REMOVAL

State of New York — Executive Chamber.

In the Matter of Charges preferred against Abraham H. Pin-
cus, Notary Public, County of Xew York.

Charges having been preferred against Abraham H. Pincus
by Hon. Henry A. Wise, United States Attorney for the
Southern District of New York, that said Pincus as a notary
public in and for the county of New York did make a false
and fraudulent jurat to what purported to be an affidavit of
one George Geschwind, and a copy of said charges having
been given to said Pincus on December 24, 1909, together
with a notice that on January 3, 1910, at noon at the Executive
Chamber in the city of Albany I would afford him an op-
portunity to be heard in his defense, and said Pincus having
failed to make any defense thereto, and the truth of said
charges being established to my satisfaction, and it appearing
by certified records of the Circuit Court of the United States
for the Southern District of New York, showing that said
Pincus pleaded guilty to an indictment therein filed predicated
on the facts in said charges, and charging the offense to have
been committed on June 15, 1908;

Now, . Therefore, the public interest requiring it, it is
hereby

Ordered, That Abraham H. Pincus be and hereby is re-

[297]

298 Public Papers of Governor Hughes

moved from the office of notary public in and for the county
.of New York.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this twenty-
[l.s.] fourth day of January in the year of our Lord
one thousand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

Proceedings for the Removal of John J. Quinn, Notary
Public of New York County

Charges by Henry A. Wise, United States Attorney for the Southern
District of New York, were laid before the Governor on December 21,
1909. See Public Papers of Governor Hughes for 1909, page 256.

ORDER OF REMOVAL

State of New York — Executive Chamber.

In the Matter of Charges preferred against John J. Quinn,
Notary Public, County of New York.

Charges having been preferred against John J. Quinn by
Hon. Henry A. Wise, United States Attorney for the
Southern District of New York, that said Quinn as a notary
public in and for the county of New York did make a false
and fraudulent jurat to the pension voucher of one Harriet
Smith, and a copy of said charges having been given to said
Quinn on December 24, 1909, together with a notice that on
January 3, 1910, at noon at the Executive Chamber in the city
of Albany I would afford him an opportunity to be heard in
his defense, and said Quinn having appeared before me on
said day and having been duly heard in his defense, and the
truth of said charges being established to my satisfaction, and
it appearing by certified records of the Circuit Court of the

Removal Proceedings and Investigation 299

United States for the Southern District of New York, show-
ing that said Quinn pleaded guilty to an indictment therein
filed predicated on the facts in said charges, and charging the
offense to have been committed on November 9, 1908, and
again on February 10, 1909,

Now, Therefore, the public interest requiring it, it is
hereby

Ordered, That John J. Quinn be and hereby is removed
from the office of notary public in and for the county of New
York.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this twenty-
[l.s.] fourth day of January in the year of our Lord one
thousand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

Proceedings for the Removal of Therese S. Beckett,
Notary Public of Kings County

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

In the Matter of Charges preferred against Therese S.

Beckett, Notary Public, County of Kings.
To Therese S. Beckett, Notary Public County of Kings:

You are hereby notified that charges have been preferred
against you by Louis R. Bick, Assistant United States Attor-
ney for the Eastern District of New York, at Brooklyn, ask-
ing that you be removed from the office of notary public for
the county of Kings. A copy of said charges, hereto annexed,
is herewith -served upon and given to you.

3<x> Public Papers of Governor Hughes

You are hereby further notified that on Thursday, the ioth
day of February, 1910, in the Executive Chamber in the city
of Albany, at noon, I shall afford you an opportunity of being
heard in your defense in answer to such charges.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State at the

[l.s.] Capitol in the city of Albany this fourth day of

February in the year of our Lord one thousand

nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

ORDER OF REMOVAL

State of New York — Executive Chamber.

In the Matter of Charges preferred against Therese S.
Beckett, Notary Public, County of Kings.

Charges having been preferred against Therese S. Beckett
by Louis R. Bick, Assistant United States Attorney for the
Eastern District of New York at Brooklyn, that the said
Therese S. Beckett as a notary public in and for the county of
Kings did make a false and fraudulent jurat to the pension
voucher of one Annie McCall, and a copy of said charges
having been given to said Therese S. Beckett on the 5th day
of February, 1910, together with a notice that on February 10,
1910, at noon at the Executive Chamber in the city of Albany,
I would afford her an opportunity to be heard in her defense,
and said Therese S. Beckett having failed to make any defense
thereto and the truth of said charges being established to my
satisfaction ;

Now, Therefore, the public interest requiring it, it is
hereby

Ordered, That Therese S. Beckett be and hereby is re-
moved from the office of notary public in and for the county
of Kings.

Removal Proceedings and Investigation 301

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this nineteenth
[l.s.] day of February in the year of our Lord one thou-
sand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Investigation of the Management and Affairs of the
Forest, Fish and Game Commission and of the Forest
Purchasing Board —Appointment of Roger P. Clark
and H. Leroy Austin as Commissioners *

State of New York — Executive Chamber.

To All t6 Whom These Presents Shall Come, Greeting:
Know Ye that pursuant to section 8 of the Executive Law,
I have appointed and by these presents do appoint

Roger P. Clark, .
of Binghamton, Broome county, N. Y., and
H. Leroy Austin,

of Catskill, Greene county, N. Y., to examine and investigate
the management and affairs of the Forest, Fish and Game Com-
mission of the State of New York and of the Forest Purchas-
ing Board, the Forest Purchasing Board being the Board au-
thorized to acquire lands in the Adirondack and Catskill parks
under the Forest, Fish and Game Law :

The said Roger P. Clark and H. Leroy Austin are and each
of them is hereby empowered to subpoena and enforce the at-
tendance of witnesses, to administer oaths and examine wit-
nesses under oath and to require the production of any books
or papers deemed relevant or material;

*Mr. Clark and Mr. Austin submitted their report to the Governor
on the result of their investigation on October i, 1910.

302 Public Papers of Governor Hughes

And I hereby give and grant unto each said Roger P. Clark
and H.' Leroy Austin all and singular the powers and authorities
which may be given or granted unto a person appointed by me
for such purpose under authority of the statute aforesaid.

In Witness Whereof, I have subscribed my name to
these presents and caused the Privy Seal of the
[l.s.] State to be affixed hereto at the Capitol in the city
of Albany this sixteenth day of February in the year
of our Lord one thousand nine hundred and ten.
(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Resignation of James S. Whipple, Forest, Fish and
Game Commissioner

James S. Whipple, Forest, Fish and Game Commissioner,
resigned his office, and the resignation was accepted. The
following correspondence was made public at the Executive
Chamber :

" STATE OF XEW YORK,

Forest, Fish and Game Commission,

Albany, N. Y., October 3, 19 10.

" Hon. Charles E. Hughes, Governor, Executive Chamber,
Albany, N. Y.:

" My Dear Governor. — I have read the report of the Com-
mission appointed by you to investigate the administration of
the Forest, Fish and Game Department. As a result of the
criticisms made of my Department, I desire to tender my
resignation to take effect at once.

" This is not the time to discuss either the facts or the con-
clusions set up in the report, but I do emphatically deny the
truth of the facts stated and disagree from the conclusions
reached. I recognize, however, that, as a result of this report,

Removal Proceedings and Investigation 303

my usefulness to the State in this department has been de-
stroyed.

" I have held this position for six years. I was not an appli-
cant for the position. I have come to appreciate the great im-
portance of the work of this Department to the people of the
State. I have heard New York State cited as an example in the
conservation of its forests in many states of the Union. The
work of my Department has increased many fold during my
administration. It extends to all parts of the State. The work
of this Department has extended along new lines, — some of -it
experimental. The field covered is so large that much of it
must be intrusted to subordinates. That a critical examination
covering the six years of my administration would disclose
errors of judgment and mistakes made should be expected. I
think a similar examination would show errors and mistakes in
the management of any great business organization of the
country. I will not attempt to offset these with the good that
has been accomplished during the same time. I will
only say that my conscience acquits me of any inten-
tional neglect or dereliction of duty. I have given to the
work my entire time and my heart has been in it. I have kept
in touch with the friends of conservation in the State. It is
a thousand times more important that this great work should
go on and that it should not become a subject of political con-
tention than that I should retain the office.

" For these reasons, to relieve you of any embarrassment,
and without solicitation on the part of anyone, I respectfully
tender my resignation.

" Very truly yours,

"(Signed) J. S. WHIPPLE."

REPLY OF THE GOVERNOR

" State of New York • — Executive Chamber.

Albany, October 3, 1910.

"Hon. James S. Whipple, Albany, N. Y .:

" Dear Sir.— Your letter of this date resigning your office
as Forest, Fish and Game Commissioner has been received.

304 Public Papers of Governor Hughes

It is impossible for me adequately to express the regret that I
feel at the conditions which the investigation of your depart-
ment has shown to exist.

" Your work had been strongly commended to me by those
who are interested in the protection of the forests and in the
conservation of the State's interest in these important re-
sources. You should have full credit with respect to those
matters in which there has been increased efficiency ; and I
desire to believe, and I accept your statement, that you have
not been guilty of wrong intention.

" But the conditions which have been shown to exist cannot
be ignored and must be immediately rectified.

" Your resignation is accepted and under the statute took
effect when it was received and filed in this office.
" Very truly yours,
"(Signed) CHARLES E. HUGHES."

LETTER FROM SPEAKER WADSWORTH

Governor Hughes received the following letter from
Speaker Wadsworth, the Chairman of the Forest Purchasing
Board, with regard to the report of the Commissioners ap-
pointed to investigate the management and affairs of the
Forest, Fish and Game Commission :

"Albany, October 3, 1910.

" Hon. Charles E. Hughes, Executive Chamber, Albany,

N. Y.

" Sir.— The Forest Purchasing Board, through your
courtesy, has been made thoroughly conversant with the re-
port of the Commissioners appointed by you to exmine, among
other matters, into the purchase of State lands in the Adi-
rondack and Catskill preserves.

" The Board desires to express to you its earnest opinion
that, since the State embarked upon the purchase of these
lands, the property so acquired, amounting to 850,000 acres
at an average cost of $4.42 per acre, there has been secured
an estate of ever increasing value and worth far more than

Removal Proceedings and Investigation 305

what has, from time to time, been paid for it. The present
Board has believed that thorough and adequate appraisals of
these lands have been made and that the prices paid have been
justified by the appraisals and the knowledge at the disposal
of the Board.

" The report of your Commission presents a condition which
it is our purpose immediately to remedy, so far as it is possi-
ble for this Board to do so. In order that the procedure
under which appraisals have been made and purchases con-
summated may be perfected and strengthened to the utmost,
and in order that the work of searching the titles of land
offered for sale may be thoroughly and promptly accom-
plished, the Board at its earliest opportunity will revise its
rules of procedure and reorganize its system of appraisal and
its legal bureau. The Board desires to assure you that it has
been, and is to-day, its policy to receive and carefully consider
all offers of land, without prejudice or favor, with the sole
idea of progressing with all reasonable speed the work of en-
larging and rounding out the invaluable forest preserve of the
State.

" Very truly yours,
"(Signed) J. W. WadswOrth, Jr.,

" Chairman "

Appointment of H. Leroy Austin as Forest, Fish and
Game Commissioner

Governor Hughes appointed H. Leroy Austin of Catskill
to be Forest, Fish and Game Commissioner. The Governor
wrote to Mr. Austin the following letter :

" State of New York — Executive Chamber.

Albany, October 5, 1910.

" My Dear Mr. Austin. — I take pleasure in appointing you
Forest, Fish and Game Commissioner for the period which,
under the statute, .will end twenty days after the commence-
ment of the next meeting of the Senate. The permanent ap-

3o5 Public Papers of Governor Hughes

pointment to fill the vacancy caused by the resignation of
Commissioner Whipple must be made after the Senate
convenes.

" I fully understand that you would not be willing in any
.event to take the permanent appointment, and that you will
accept this temporary appointment simply on account of the
existing exigency.

" You and your associate, Mr. Clark, have completed a most
careful and thorough examination of the department under
my appointment as Commissioners of investigation, and for a
long period your time and energy have been given unre-
servedly to this important work. Your investigation has dis-
closed conditions which require immediate rectification and I
know of no one so well qualified as yourself to take the office
at this time and to administer its affairs until the convening
of the Senate. I highly appreciate your willingness to forego
your personal inclination and at my urgent request to accept
the appointment.

" In view of the full report that you have made as to exist-
ing conditions, and your thorough acquaintance with the de-
mands of the department, it is unnecessary for me to say
more than that it is my most earnest wish that the recom-
mendations contained in your report shall be carried out at
the earliest opportunity and all needed remedies in adminis-
tration supplied. In the endeavor to accomplish these results
I am assured that you will have the co-operation of the other
members of the Forest Purchasing Board.

" I remain,

" Very sincerely yours,

" (Signed) " CHARLES E. HUGHES.

" Hon. H. Leroy Austin,

" Catskill, N. Y."

Removal Proceedings and Investigation 307

Proceedings for the Removal of the County Clerk of
Cortland County*

Charges by Levi R. Chase were laid before the Governor on March
16, 1910.

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

In the Matter of the Charges against Luke J. McEvoy, Clerk
of the County of Cortland.

To Luke J. McEvoy, County Clerk of the County of Cort-
land:
You are hereby notified that charges have been preferred
against you, and that your removal from the office of county
clerk of the county of Cortland thereon has been asked by
Levi R. Chase.

A copy of such charges is herewith served upon you.
I hereby fix the 28th day of March, 1910, at noon, as the
date on or before which your answer to said charges shall be
filed with me; and you are further notified that on said 28th
day of March, 1910, or on such later day or days as may be
appointed by me, you will be afforded an opportunity of be-
ing heard in your defense.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State at the

[l.s.] Capitol in the city of Albany this sixteenth day of

March in the year of our Lord one thousand nine

hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

*A hearing was given by the Governor on the charges on March 28,
1910.

308 Public Papers of Governor Hughes

Appointment of Commissioner Baker

State of New York — Executive Chamber.

before the governor.

In the Matter of Charges preferred against Luke J. McEvoy,
County Clerk of the County of Cortland.

APPOINTMENT OF COMMISSIONER.

Charges having been filed with me on the 16th day of
March, 1910, by Levi R. Chase against Luke J. McEvoy,
county clerk of the county of Cortland, with a petition that
he be removed from his office of county clerk of the county
of Cortland, and a copy thereof having been served upon said
Luke J. McEvoy, who has filed an answer to said charges,

Now, Therefore, Pursuant to the statute in such case
made and provided, I do hereby appoint Benjamin Baker,
Jr., of the city of Binghamton, a Commissioner to examine
witnesses and take evidence as to the truth of said charges,
and I hereby direct said Commissioner to report to me the
said evidence and his findings of the material facts deemed by
him to be established in connection with said charges, together
with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this fifteenth
[l.s.J day of April in the year of our Lord one thousand
nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Removal Proceedings and Investigations 309

ORDER DISMISSING CHARGES

State of New York — Executive Chamber.

before the governor.

In the Matter of the Charges against Luke I. McEvoy, County
Clerk of Cortland County.

An application for the removal of Luke J. McEvoy from
the office of county clerk of Cortland county having been
made by Levi R. Chase, upon charges verified March 16, 1910;
and the said Luke J. McEvoy having made answer thereto;
and the Hon. Benjamin Baker, Jr., having been appointed by
me as Commissioner to take testimony and report to me ; and
the said Commissioner having duly taken the evidence of the
parties, and having duly made his report thereon,

Now, After consideration of the said charges, the evidence
submitted thereon, and the said report, it is hereby

Ordered, That the said charges against Luke J. McEvoy be,
and the same hereby are, dismissed.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this fifth day
[l.s.] of October in the year of our Lord one thousand
nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

George Curtis Treadwell,

Secretary to the Governor.

GOVERNOR'S OPINION

State of New York — Executive Chamber.

Albany, October 5, 1910.
In the Matter of the Charges against Luke J. McEvoy,
County Clerk of Cortland County.
The record in this proceeding, and the findings of the Com-
missioner, clearly show that in December, 1903, a gross fraud

310 Public Papers of Governor Hughes

was perpetrated upon the people of the State in the improper
drawing of the panels of grand and petit jurors to serve at
the term of the Supreme Court appointed to be held in Cort-
land county in the following January. A crime of this sort,
striking as it does at the foundation of our institutions, can-
not be too strongly condemned ; and this revelation of the fact
and of the circumstances of its commission should heighten
the general appreciation of the enormity of the offense and
evoke a determination to prevent such practices.

But Luke J. McEvoy, the present county clerk of Cortland
county, whose removal is sought in this proceeding, was not
a party in any way to the commission of that crime and had
no knowledge of it until shortly before the election of 1909.
It was the candidate opposed to McEvoy at that election who,
being deputy county clerk in 1903, with the then county clerk,
participated in the wrongful preparation and drawing of said
panels of jurors.

However desirable it may be to put an end to jury fixing,
and however strongly those concerned in the offense disclosed
by the record may be reprobated, the question in this proceed-
ing is whether Luke J. McEvoy has been guilty of such mis-
conduct as would justify the Governor in removing him from
the office to which he has been elected by the electors of his
county.

There is no jurisdiction more important than that of the
Executive in the exercise of his power to remove faithless offi-
cials locally elected. While this power should be exercised
where serious misconduct or gross breach of duty is shown, it
is equally important that it should be exercised with a due
sense of the gravity of the question involved and consistently
with the right of the local community to be served by the offi-
cers of its choice until convincing evidence is furnished of
conduct clearly justifying removal.

I have examined the evidence in this proceeding, and the
report of the Commissioner, who has served ably and conscien-
tiously, and I am unable to find sufficient ground for the re-
moval of the respondent from his office.

That Mr. McEvoy has enjoyed a high degree of public confi-

Removal Proceedings and Investigations 311

dence in his community, that he has been reputed to be a man of
probity, possessing suitable qualifications for the offices to which
he has been chosen, and that he has given satisfaction in the
discharge of his official duties, is abundantly shown. He has
repeatedly been elected to office in a county generally repre-
sented by those of the opposite political party. He is 39 years
old; was raised on a farm; attended school and taught school
until 1899. In the fall of 1899 ne was elected school commis-
sioner of the first district of Cortland county for the term com-
mencing January 1, 1900. He was re-elected to that office in
the fall of 1902 for the term of three years ending December
31, 1905. In the fall of 1906 he was elected county clerk for
the term commencing January 1, 1907, and he was re-elected
county clerk for the term of three years at the last election in.
November, 1909.

This proceeding was instituted in March, 1910, shortly after
the respondent began to serve his new term. No charge was
made of any neglect in the discharge of the duties of his office.
Nor is there any charge of any misconduct in the course of his
administration of his office, unless his action with respect to the
evidence of jury fixing, which came to his notice shortly before
the election of 1909, can be regarded as such misconduct.

It is manifest that the respondent cannot properly be re :
moved . from office merely because that on the last day of a
campaign, under the advice of his friends and political asso-
ciates, he decided not to publish a circular setting forth the in-
formation as to the jury fixing in 1903 which had been disclosed
to him the day before. However commendable it might have
been for him to issue such a circular, or to take any particular
course of action which may now be suggested, to direct suitable
attention to the matter, it cannot well be said, in view of the
circumstances here disclosed, that he should lose his office
because of his failure to do so. Under the strain of political
campaigns it is not always easy to reach wise decisions as to
the best course to pursue. While corrupt conduct and illicit
promises and arrangements should be severely condemned, it is
a very different thing to forfeit an office because the successful
candidate had not disclosed something which he had learned

312 Public Papers of Governor Hughes

about his opponent, much less because he had not disclosed it
in some particular way. Nor, having decided- in the first
instance to publish the circular giving the account of the jury
fixing of which he had been informed, was he bound to go on
with the publication. The respondent had the same liberty to
decide that he would not go on with the publication as he had
to decide that he would not undertake it. If he preferred to
withdraw the circular and say what he thought best to say by
word of mouth, he was free to do so.

The question then, in this case, is not as to the mere with-
drawal from publication of the circular which he had contem-
plated issuing, but whether he made a corrupt or improper
agreement regarding the matter which had been brought to his
attention, and thus subjected himself to removal because of
the relation of that agreement to his election for the term
which he is now serving.

I have considered the evidence as to the admissions of
McEvoy upon which largely the conclusion of the Commissioner
has been based, and the transactions and payments which it is
urged have not been adequately explained. But, taken in con-
nection with the rest of the testimony, I do not think that they
afford sufficient basis for the sustaining of the charges. The
making of the alleged agreement is without satisfactory affirma-
tive proof and it is positively denied. There is a failure of proof
that the alleged agreement was carried into effect by efforts to
throw the election to McEvoy. The mere fact that McEvoy was
elected is not such proof ; he had been elected before to the
same office and in view of the circumstances his re-election is
readily accounted for apart from such an agreement. It was
inevitable that rumors should have been afloat in the county as
to the jury fixing and the part which the opposing candidate
had played in it, and that these should result in a serious effect
upon his candidacy. It does not satisfactorily appear that votes
were cast for McEvoy under any instructions given pursuant to
the alleged agreement; or that there were any such instruc-
tions ; or that voters were bribed, intimidated or deceived ; or
that anything was said to them by McEvoy or by any one
acting with his authority or on his behalf that was not true.

Removal Proceedings and Investigations 313

While the circulars which were prepared were destroyed,
neither the affidavit to which they referred and which described
the transaction in drawing the jury in December, 1903,, nor
the photographic plates showing the condition of the jury box at
that time were destroyed. They have remained in the pos-
session of an attorney, a friend and adviser of McEvoy, and
were produced upon the hearing before the Commissioner.

Nor, properly speaking, can it be said that the information
itself was actually suppressed. For it sufficiently appears that
to a considerable degree it was circulated by McEvoy by word
of mouth immediately after the plan of publishing the circular
had been given up. While apparently he did not go, in making
his statements, into the precise detail of the narrative contained
in the affidavit, he went far enough to give an idea of the sort
of information he had, and he went so far that it would have
been a simple matter, as it was in this proceeding, for any officer
of the law to get quickly at the evidence which McEvoy pos-
sessed.

The retention of Harrington has not been made the basis of
a charge as contemplated by the Constitution, and cannot be
treated as ground for removal.

There should be the most determined effort to make im-
possible any tampering with jury lists, to fix responsibility for
what has been done in the past, and to punish the guilty. But
I do not think that a case has been made which justified ejection
from his office of an officer duly elected who, so far as appears,
has given faithful administration.

The charges are therefore dismissed.

(Signed) CHARLES E. HUGHES.

314 Public Papers of Governor Hughes

Declaration of a Public Nuisance

Approval of Reports of the State Commissioner of Health
Regarding an Alleged Nuisance Affecting Residents of
the County of Richmond — The Attorney=General Di=
rected to Bring Actions to Cause the Abatement of
Such Nuisances.

State of New York — Executive Chamber.

Whereas, a complaint was heretofore made to me by certain
citizens of the State of New York, resident in the county of
Richmond, that within the State of New Jersey, in the city of
Bayonne, at Constable Hook in said city, there were then being
maintained and operated certain extensive plants, furnaces,
smelters, ovens and other appliances engaged in the manufac-
ture of chemicals, the refining of oil, the roasting, reducing,
smelting, manufacture and production of sulphur, copper and
other ores, chemicals and products, and that such manufactur-
ing plants were then constantly generating and causing to be
discharged over the territory comprising Richmond county, vast
quantities of noisome and disagreeable smoke, fumes, effluvia,
noxious and poisonous vapors and gases which injure or en-
danger the comfort, repose, health or safety of a considerable
number of persons, citizens of Richmond county, and render
them insecure in life or the use of property, and which in tra-
versing over the Kill von Kull, a navigable stream separating
the county of Richmond from the State of New Jersey, unlaw-
fully interfere with, obstruct or tend to obstruct or render
dangerous for passage the said. Kill von Kull ; and,

Whereas, On the 17th day of November, 1908, I, as Gov-
ernor of the State of New York, pursuant to law, did require,
order and direct the State Commissioner of Health to examine
into the matters alleged in the said complaint and into the
questions affecting the security of life and health in the locality
aforesaid in the county of Richmond, and report to me the
results of such examination ; and,

Whereas, The said State Commissioner of Health on the
17th day of December, 1908, being within the time prescribed

Removal Proceedings and Investigations 315

by me therefor, reported that he had made the required ex-
amination and the results thereof, and in said report made and
certified his findings; and, , .

Whereas, Thereafter and on the 14th day of October, 1909,
I, as Governor of the State of New York, pursuant to law, did
require, order and direct the said State Commissioner of
Health to make a further examination into the matters alleged
in the aforesaid complaint and to report to me the results of
such further examination; and,

Whereas, The said State Commissioner of Health thereafter
made the required examination and reported the results thereof
to me within the limit of time prescribed by me therefor, and
in and by said report, upon the basis of the results and reports
of both said investigations, made and certified the following
findings, as set forth in said report, to wit :

" Owing to the supplementary nature of the present in-
vestigation, and to the close relationship which any con-
clusions based thereon must naturally bear to the findings
and conclusions deduced from any former investigation
and in order to make the conclusions herewith given more
comprehensive and complete, I will include as a basis for
them the results and reports of both investigations.

" In view of the foregoing, then, I hereby find and cer-
tify:

" 1. That on Constable Hook in the city of Bayonne in
the State of New Jersey, there are located and
maintained a number of corporations and indus-
trial plants, some of which are engaged in the
refining of oils, the manufacture of chemicals, the
smelting and refining of ores and other operations
of a similar or allied nature.
" 2. That from the stacks and buildings of certain of
these plants smoke gases, fumes and vapors are
emitted either continuously or intermittently,
which, under certain atmospheric conditions,
descend and pass over Richmond county and the
Kill von Kull.
" 3. That these smoke gases, fumes and vapors are

316 Public Papers of Governor Hughes

emitted in large quantities and contain, in addi-
tion to the smoke of combustion of coal, coke and
oils, certain fumes and gases containing com-
pounds of sulphur, nitrogen and arsenic.

" 4. That these smoke gases, fumes and vapors are gen-
erally of an objectionable, disagreeable and in-
jurious nature which affect the free passage of
light, offend the senses of sight and smell, irritate
the throat and interfere with breathing, and
poison and injure vegetation.

" 5. That according to the statistics secured from the
U. S. Weather Bureau for this district cov-
ering a period of about three years, it is esti-
mated that there were about 200 days, represent-
ing -about 18 per cent of the number of days
included in this period, in which the direction of
the wind and other atmospheric conditions were
such as to cause the smoke gases, fumes and
vapors to descend and pass over and upon the
Kill von Kull.

" 6. That when these smoke gases, fumes and vapors
descend and pass over and upon Richmond county
and the Kill von Kull, a public nuisance is created
in said county of Richmond and upon the Kill
von Kull by reason of the offensive, irritating,
poisonous and otherwise objectionable and inju-
rious nature of said smoke gases, fumes and
vapors.

" 7- That the plants largely, if not wholly, responsible
for the conditions above referred to and the re-
sultant nuisance are the Bergenport Chemical
Company, the General Chemical Company, the
Standard Oil Company, the Tidewater Oil Com-
pany, and the Orford Copper and Sulphur Com-
pany.

" 8. Of these five plants thus responsible for these con-
ditions, the plants of the Bergenport Chemical
Company, the Standard Oil Company and the
Orford Copper and Sulphur Company are, in my

Removal Proceedings and Investigations 317

opinion, owing to the character of the products
manufactured, the magnitude of the operations
carried on within the plants and the relative dis-
tances of these plants with reference to Richmond
county, more largely responsible for the nuisance
in Richmond county and on the Kill von Kull
than are the plants of the General Chemical Com-
pany and the Tidewater Oil Company.
" 9. That within the limited time available for making
the investigations of last year and of this year,
and without a more comprehensive and complete
investigation carried on over at least one season,
and possibly a number of seasons, it is imprac-
ticable to differentiate at this time with any
degree of accuracy, or even approximately, the
real share of responsibility which these five
plants have in the nuisance created in Rich-
mond county and on the Kill von Kull.
'10. That the plants of the Columbia Oil Company, the
Pacific Coast Borax Company, the Bergenport
Sulphur Company and the corporations of
Fenaille & Despeaux, F. W. Devoe and C. T.
Raynolds are not to any appreciable extent re-
sponsible for the conditions above referred to and
the resultant nuisance.
' 11. That subsequent to my investigation of a year ago
certain changes have been made in the construction
and operation of the plants of the General Chem-
ical Company and the Standard Oil Company,
which in the case of the Standard Oil Company
has somewhat lessened the share which that com-
pany was responsible for the conditions above
referred to, but which in the case of the General
Chemical Company has somewhat increased the
share which that company was responsible for said
conditions.
12. That no other corporations or individuals on Con-
stable Hook in addition to those enumerated in
my last report, were found to share in the respon-

318 Public Papers of Governor Hughes

sibility for the nuisance created in Richmond

county and on the Kill von Kull.
" In view of the results of the two investigations made
by me in 1908 and 1909 respectively, and the findings and
conclusions based thereon as above set forth, and notwith-
standing the changes in construction and operation in cer-
tain plants on Constable Hook made during the period
intervening between these two investigations, I hereby
again find and certify that the conditions existing in the
county of Richmond, and on the Kill von Kull constitute
a public nuisance for the reason that smoke gases, fumes
and vapors are emitted from certain plants located on Con-
stable Hook in the city of Bayonne in the State of New
Jersey; and that said smoke gases, fumes and vapors
annoy, injure and endanger the comfort, repose, health and
safety of a considerable number of persons and render a
considerable number of persons insecure in the use of
property.

" Respectfully submitted,
"(Signed) EUGENE H. PORTER,

" Commissioner of Health."

Now, therefore, I, Charles E. Hughes, Governor of the
State of New York, pursuant to the authority in me vested, do
hereby approve the said reports of said State Commissioner of
Health, and each of them, and I do hereby declare the matters
public nuisances which are found and certified in said reports
to be nuisances, and I do hereby order and direct the Attorney-
General of the State of New York to bring such actions, suits
and proceedings to cause the abatement of such nuisances as
may be proper in the premises.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this ninth
[r..s. ] day of June in the year of our Lord one thousand
nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

Removal Proceedings and Investigation 319

Proceedings for the Removal of the Sheriff of the
County of Chemung

Charges by Ralph M. Geddes, Courtland F. Carrier, Harrison S.
Chapman, R. Lew Williams, and Charles' H. McKnight were laid
before the Governor on June 12, 1910.

Notice and Summons.

State of New York — -Executive Chamber.

before the governor.

In the Matter of the Charges against T. Stanley Day, Sheriff
of the County of Chemung.

To T. Stanley Day, Sheriff of the County of Chemung:

You are hereby notified that charges have been preferred
against you, and that your removal from the office of sheriff
of the county of Chemung thereon has been asked, by Ralph M.
Geddes, Courtland F. Carrier, Harrison S. Chapman, R. Lew
Williams and Charles H. McKnight.

A copy of such charges is herewith served upon you.

I hereby fix the 21st day of June, 1910, at noon, as the date
on or before which your answer to said charges shall be filed
with me at the Executive Chamber ; and you are further noti-
fied that on said 21st day of June, 1910, at noon, at the Execu-
tive Chamber, or on such later day or days as may be appointed
by me, you will be afforded an opportunity of being heard in
your defense.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State, at the

[l.s.] Capitol in the city of Albany this thirteenth day of

June in the year of our Lord one thousand nine

hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

320 Public Papers of Governor Hughes

ORDER DISMISSING CHARGES

State of New York — Executive Chamber.

Albany, N. Y. July n, 1910.

before the governor.

In the Matter of the Charges preferred against T. Stanley Day,
Sheriff of Chemung County.

Charges of neglect of official duty having been preferred
against T. Stanley Day by Ralph M. Geddes, Courtland F. Car-
rier, Harrison S. Chapman, R. Lew Williams and Charles H.
McKnight, and a copy of such charges having been served upon
and given to said T. Stanley Day ; and he having thereafter been
given an opportunity of being heard in his defense, and the
petitioners and the respondent having agreed upon a statement
of the facts in the matter;

Now, therefore, due deliberation having been had thereon,
it is

Ordered, That the charges be and the same are hereby dis-
missed, without prejudice to the right to renew the application
to remove the sheriff, in the event of failure hereafter on the
part of the said sheriff to perform his duty.

(Signed) CHARLES E. HUGHES.

GOVERNOR'S OPINION

State of New York — Executive Chamber.

Albany, July 11, 1910.

In the Matter of the Charges preferred against T. Stanley Day,
Sheriff of Chemung County.

This is an application by citizens of Chemung county for the
removal of the sheriff of that county for his neglect to enforce
the law with respect to professional baseball playing, as a public
sport, on Sunday.

Removal Proceedings and Investigations 321

Since the filing of the sheriff's answer, the material facts have
been agreed upon in a statement signed by the sheriff and the
petitioners. This statement leaves no doubt as to the public
character of the game.

It appears that the Southern Tier Baseball Association of
Elmira maintains a baseball club composed of persons engaged
in the public playing for money of professional baseball with
other clubs constituting the New York State League. This
association fitted up grounds near Elmira and announced that
games, to which the public were invited, would be played on
Sunday from time to time in the spring and summer of 1910.
On Sunday, May 15, 1910, May 22, 1910, and on June 12, 1910,
public games were played between the baseball club of the
Southern Tier Association of Elmira and the clubs known as
the Wilkesbarre Baseball Club and the Binghamton Baseball
Club respectively. In each case the public were invited and
attended, and an admission fee was charged.

The sheriff knew of the playing of these games and was in-
formed in advance of the purpose to hold them. But he did
not, in any way, attempt to suppress the games, or to cause the
arrest of any persons engaged in them. The sheriff announced
that, while he would execute a warrant, if it were placed in his
hands, he would not stop Sunday baseball games or make an
arrest except on a warrant. In taking this course the sheriff
relied on the advice of the county attorney.

That these games, conducted with every incident of public
sports, constituted a violation of the law of the State is clear.
(Penal Law, §§ 2140, 2145.)

Whenever this question has arisen on such a state of facts
as is now presented, but one conclusion has been reached.
{Matter of Rupp, Supr. Ct. App. Div., 4th Dept., 33 A. D. 468;
People v. Poole, 44 Misc. 118; Brighton Athletic Club v.
McAdoo, 47 Misc. 432 ; Paulding v. Lane, 55 Misc. 37 ; Ontario
Field Club v. McAdoo, 56 Misc. 285 ; People v. Demcrcst, 56
Misc. 287; People v. Roach, 61 Misc. 42.)

This is not a case of mere private pleasure or pastime.

As said by Mr. Justice Gaynor in distinguishing cases of
private play from a public game of baseball:
11

322 Public Papers of Governor Hughes

" The complaint is of a public game of baseball: i. e., of
a game held out to the public, i. e., of a game to which the
public were invited, and to which an admission fee was
charged. Is such a game prohibited by statute? I
think it is. * •* * The prohibition is only against
public games and exercises, namely, those to which the
public are invited, because the statute presumes that they
interrupt the repose of the community ; and that is the case
against these defendants." {People v. Pooh, 44 Misc.
118.)

So, Air. Justice Kelly in declining to continue an injunction
restraining the police in Brooklyn from interfering with public
games of baseball on Sunday, said,:

"It is not contended that the Legislature has prohibited
recreation or healthy sport which does not invade the sanc-
tity of the day in the sections of the Code referred to.
Air. Justice Gaynor discusses the matter at some length in
the case cited, and I agree that there is no prohibition against
the man who is forced to labor during the week-days pre-
venting him from enjoying himself in an orderly and decent
manner on Sunday, so long as the repose of the community
is not interrupted. But the prohibition is clear against
Sunday games which are advertised, to which the general
public are invited and which they attend in great numbers
and to witness which money is charged directly or indirectly
or which are conducted for financial profit. This is not the
wholesome recreation of the individual which the law will
not prevent — it may be sport, but it is a public sport and a
quasi-business undertaking." {Brighton Athletic Club v.
McAdoo, 47 Misc. 432.)

There was thus a clear violation of law under conditions
which were notorious. The offense, by its very nature, was not
secret or elusive, or attended with difficulties in obtaining evi-
dence.

When the sheriff learned of the announced purpose to hold
these public games on Sunday, it was his duty as the peace

Removal Proceedings and Investigations 323

officer of the county to take proper steps to prevent the games
and to apprehend those who violated the law. In view of the
open and notorious character of the offense, and the knowledge
brought home to him, he could not properly throw upon private
citizens the burden of procuring warrants and of placing them
in his hands for execution. It was his duty to maintain the
peace of his county according to> the law and to employ the
means at his command as sheriff to that end.

In Matter of Rupp (33 A. D. 468) the Appellate Division of
the Supreme Court (4th Dept.) thus ruled in a similar case with
regard to the duty of the police commissioners of the city of
Buffalo with respect to public games of baseball on Sunday.
The court said:

" It clearly appears from the record before us that
during the spring and summer of 1897 and 1898, and
before the filing of the petition herein, games of baseball
were played in the usual manner at Franklin square, a
public place in the city of Buffalo, repeatedly on Sunday ;
that the police commissioners and police force under their
control had knowledge of these facts, and did not suppress
the ball playing or make arrests therefor, with a single ex-
ception which will be noted hereafter. Large crowds at-
tended these games as spectators, from whom an admission
fee was collected. * * * «The commissioners instructed
their subordinates not to arrest those who participated in
the baseball playing on Sunday, unless a warrant was issued
for their arrest, which the commissioners deemed the
proper course to pursue in the matter. * * * A peace
officer may without a warrant arrest a person for a crime
committed or attempted in his presence. (Code Crim.
Proc, § 177) * * * The attention of the police com-
missioners and their subordinates having been called to these
games and their expected occurrence on Sunday, it was the
duty of the police to attend upon the games and to suppress
them by the arrest of the guilty parties."

In the case last cited, as here, the proceeding was for the
removal of the delinquent officer. There the court found that

324 Public Papers of Governor Hughes

the duty of the police commissioners had not been performed,
but that on account' of the attitude of the police magistrates it
appeared that the commissioners had " acted in good faith and
without any intention to violate the law." The court therefore
concluded " not to make the removal at present, but to permit
them to continue in office with the plain admonition as to their
duties in the future."

There should be no difference of opinion as to the importance
of the faithful enforcement of the law by the established agen-
cies of administration. But in determining whether a public
officer shall be removed from office for his neglect, it is also
important and necessary that all the circumstances should be
fairly taken into account.

While the sheriff has failed to perform his duty, it never-
theless sufficiently appears that he has not intentionally violated
the obligations of his office. He has acted in accordance with
the advice of the county attorney and I shall assume, on this
record, that he has thus far acted in good faith.

I do not mean that the mere fact that a sheriff acts on such
advice must be regarded as an absolute defense to a proceeding
for removal. Such a view would be subversive of the Constitu-
tion. For the Constitution charges the Governor with the duty
of seeing that the laws are faithfully executed, and to enable
him to perform this duty has expressly vested him with the
power to remove sheriffs, upon charges, after giving them an
opportunity to be heard in their defense.

If the advice of the county attorney in itself were an absolute
protection to the sheriff in all circumstances, the Governor's
power of removal could readily be nullified.

On the other hand, the quality of the sheriff's neglect is
necessarily to be considered in determining whether he should
be removed. And his reliance upon the advice of the county
attorney in the circumstances shown is persuasive as to his free-
dom from wrong intention or wilful disregard of duty in the
present case.

In this view 1 conclude that the sheriff should not be removed
from office by reason of the course he has taken up to this time.
The present petition therefor will not be sustained.

Removal Proceedings and Investigation 325

If hereafter the sheriff fails to perform his duty, the matter
may be presented by another petition based upon such neglect.

And this petition accordingly is dismissed without prejudice
to that course.

(Signed) CHARLES E. HUGHES.

Proceedings for the Removal of Notaries PubHc

Charges under date of April 25, 1910, were laid before the Governor
by George J. Kneeland, against Rubin Auerbach, Isaac Bier, Herman
Borsig, Jr., Samuel S. Friedman, Mary Kelly, Bertha Pelikan,
Emanuel J. Pelikan, Francis Joseph Spieler, Samuel Weingarten,
Samuel L. Zuckerman and Jacob Zunser, notaries public of New York
county, Aaron Finesilver, William C. Jones, Joseph Solotovsky and
Solomon Sufrin, notaries public of Kings county, and Charles Bresloff
and Frank Motl, notaries public of Queens county.

Notice and Summons.

State of New Yokk — Executive Chamber,
before the governor.

In the Matter of Charges Preferred against Rubin Auerbach,
Notary Public, County of Nezv York.

To Rubin Auerbach, Notary Public, County of Nezv York:

You are hereby notified that charges have been preferred
against you by George J. Kneeland, asking that you be re-
moved from the office of notary public for the county of New
York. A copy of said charges, hereto annexed, is herewith
served upon and given to you.

I hereby fix the 1st day of August, 1910, at noon, as the
date on or before which your answer to said charges shall be
filed with me at the Executive Chamber ; and you are further
notified that on said 1st day of August, 1910, or on such later

326 Public Papers of Governor Hughes

day or days as may be appointed by me, you will be afforded
an opportunity of being heard in your defense.

In Witness Whereof, I have hereunto set my hand

'and affixed the Privy Seal of the State at the

[l.s.J Capitol in the city of Albany this twentieth day

of July in the year of our Lord one thousand nine

hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

George Curtis Treadwell,

Secretary to the Governor.

The above, upon a similar complaint, by Mr. Kneeland, was
also served upon the following notaries public :
Isaac Bier, New York county.
Herman Borsig, Jr., New York county.
Charles Bresloff, Queens county.
Aaron Finesilver, Kings county.
Samuel S. Friedman, New York county.
William C. Jones, Kings county.
Mary Kelly, New York county.
Frank Motl, Queens county.
Bertha Pelikan, New York county.
Emanuel J. Pelikan, New York county.
Joseph Solotovsky, Kings county.
Francis Joseph Spieler, New York county.
Solomon Sufrin, Kings county.
Samuel Weingarten, New York county.
Samuel L. Zuckerman, New York county.
Jacob Zunser, New York county.

Governor Hughes gave a hearing to such of the above
named notaries public as desired to be heard in their defense
on August 1, 1910.

Removal Proceedings and Investigation 327

Appointment of Commissioner Sandford.

State of New York — Executive Chamber.

before the governor.

In the Matter of the Charges Preferred against Isaac Bier,
Notary Public, New York County.

APPOINTMENT OF COMMISSIONER.

Charges, dated April 25, 1910, having been filed with me by
George J. Kneeland against Isaac Bier, a notary public of
New York county, with a prayer that he be removed from his
office of notary public in and for New York county ; and

A copy of such charges having been given to said Isaac
Bier;

Now, Therefore, Pursuant to the statute in such case made
and provided, I do hereby appoint Edward Sandford, Esq., of
the city of New York, to take evidence as to the truth of said
charges.

And I hereby direct said commissioner to report to me
said evidence and his findings of the material facts deemed
by him to be established in connection with said charges, to-
gether with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this fourteenth
[l.s.] day of August in the year of our Lord one thou-
sand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

George Curtis Treadwell,

Secretary to the Governor.

Similar charges were preferred against the notaries named
below by George J. Kneeland under date of April 25, 1910,
and Edward Sandford of New York city was appointed to
take evidence as to the truth of said charges :

Herman Borsig, Jr., Mary Kelly, Bertha Pelikan, Emanuel
J. Pelikan, notaries public, New York county.

328 Puisi.ic Papers of Governor Hughes

William C. Jones, Joseph Solotovsky, Solor.on Sufrin,
notaries public, Kings county.

Charles Bresloff, Frank Motl, notaries public, Queens
county.

APPOINTMENT OF COMMISSIONER SANDFORD

State of New York — Executive Chamber.

before the governor.

In the Matter of the Charges Preferred against Samuel Wein-
garten* Notary Public, New York County.

APPOINTMENT OF COMMISSIONERS

Charges, dated April 25, 1910, having been filed with me by
George J. Kneeland against Samuel Weingarten, • a notary
public of New York county, with a prayer that he be removed
from his office of notary public in and for New York county;
and

A copy of such charges having been given to said Samuel
Weingarten ;

Now, Therefore, pursuant to the statute in such case made
and provided, I do hereby appoint Edward Sandford, Esq., of
the city of New York to take evidence as to the truth of said
charges.

And I hereby direct said commissioner to report to me said
evidence and his findings of the material facts deemed by him
to be established in connection with said charges, together
with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this tenth day
[l.s.] of August in the year of our Lord one thousand
nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

George Curtis Treadwell,

Secretary to the Governor.

* Mr. Weingarten resigned his office of notary public on September
10, 1910, before the report of the commissioner was submitted.

Removal Proceedings and Investigations 329

Notice and Summons.*

State of New York — Executive Chamber.,

before the governor.

In the Matter of the Charges against Solomon Sufrin, Notary
Public, Kings County.

To Solomon Sufrin, Notary Public, Kings County.

Sir. — You are hereby notified that upon the charges made
against you by George J. Kneeland, a copy of which has been'
served upon you, and upon your answer thereto, and upon
the report of Edward Sandford, Esq., commissioner appointed
by me by commission dated August 4, 19 10, to take evidence
as to the truth of said charges, and upon the evidence taken
before the said commissioner, you will be heard, before me in
your defense at the Executive Chamber at the Capitol, in the
city of Albany, on the twenty-ninth day of September, 1910,
at twelve o'clock noon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this twenty-
[l.s.] fourth day of September in the year nineteen hun-
dred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

George Curtis Treadwell,

Secretary to the Governor.

*A similar " notice and summons,'' in relation to charges preferred
by George J. Kneeland, was also addressed by the Governor on this
date to . the following named notaries public:

Emanuel J. Pelikan of New York county.

Bertha Pelikan of New York county.

Isaac Bier of New York county.

Mary Kelly of New York county.

William C. Jones of Kings county.

Joseph Salotovsky of Kings county.

330 Public Papers of Governor Hughes

CHARGES NOT SUSTAINED

Dismissal of Charges against Frank Motl and Charles
Bresloff, Notaries Public of Queens County, and Her=
man Borsig, Jr., a Notary Public of New York County *

State of Xew York — Executive Chamber.

Albany, October 5, 1910.

BEFORE THE GOVERNOR.

/;/ the Matter of Charges Preferred against Frank Motl,
Notary Public, Queens County.

Charges of misconduct in office having been preferred
against Frank Motl, notary public, Queens county, by George
J. Kneeland, and a copy of said charges having been given to
said Frank Motl on July 23, 1910, and the said Frank Motl
having made answer thereto, and the Hon. Edward Sandford
having been appointed by me commissioner to take evidence
as to the truth of said charges and to make report, and the
said commissioner' having taken the evidence and made a re-
port recommending that Frank Motl be not removed from
office ;

Mow, after consideration of the said charges, the evidence
pertinent thereto, and the said report, the said charges are
hereby dismissed.

(Signed) CHARLES E. HUGHES.

*A similar charge brought by Mr. Kneeland against Charles Bresloff,
a notary public of Queens county, and Herman Borsig, Jr., a notary
public of New York county, was dismissed by the Governor on the
same day, October 5.

Removal Proceedings and Investigations 331

Order of Removal of Rubin Auerbach, Jacob Zunser and
Samuel S. Friedman, Notaries Public of New York
County*

ORDER OF REMOVAL

■ State of New York — Executive Chamber.

/;/ the Matter of Charges preferred against Rubin Auerbach,
Notary Public, New York County.

Charges of misconduct in office having been preferred
against Rubin Auerbach, notary public, New York county, by
George J. Kneeland, and a copy of said charges having been
given to said Auerbach on July 21, 1910, and he having been
duly afforded an opportunity to be heard in his defense, and
said Auerbach having failed to make any defense thereto, and
evidence to sustain the charges having been taken before me,
Now, Therefore, It appearing to my satisfaction that the
charges of misconduct in office are substantially true, and that
the public interest requires it, it is hereby

Ordered, That Rubin Auerbach be and hereby is removed
from the office of notary public in and for the county of New
York.

Give:; under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this fifth day
[l.s.J of October in the year of our Lord one. thousand
nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

George Curtis Treadwell,

Secretary to the Governor.

* Orders of removal were also signed by the Governor on October
5, 1910, on charges preferred by Mr. Kneeland against Jacob Zunser
and Samuel S. Friedman, notaries public of New York county.

332 Public Papers of Governor Hughes

Order of Removal of Isaac Bier, Mary Kelly, Bertha
Pelikan and Emanuel J. Pelikan, Notaries Public of
New York County, and William C. Jones, Joseph Solo=
tovsky and Solomon Sufrin, Notaries Public of Kings
County*

ORDER OF REMOVAL

State of New York — Executive Chamber.

In the Matter of Charges Preferred against Isaac Bier, Notary
Public, New York County.

Charges of misconduct in office having been preferred
against Isaac Bier, notary public, New York county, by George
J. Kneeland, and a copy of said charges having been given to
said Isaac Bier on July 23, 1910, and an answer to said charges
having been filed by him, and the Hon. Edward Sandford hav-
ing been appointed by me commissioner to take evidence
relating to said charges, and the report of the commissioner,
together with the evidence taken by him, having been filed
with me, and said Isaac Bier having been duly heard before
me in his defense,

Now, Therefore, It appearing to my satisfaction that -the
charges of misconduct in office are substantially true, and that
the public interest requires it, it is hereby

Ordered, That Isaac Bier be and he hereby is removed from

the office of notary public in and for the county of New York.

Given under my hand and the Privy Seal of the State

at the Capitol in the city of Albany this fifth day

[e.s.] of October in the year of our Lord one thousand

nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

George Curtis Treadweel,

Secretary to the Governor.

*Upon similar charges preferred by Mr. Kneeland, the Governoi
on October 5, 1910. removed the following named notaries public :
Isaac Bier, Mary Kelly. Bertha Pelikan and Emanuel J. Pelikan,
notaries public of Xew York county, and William C. Jones, Joseph
Solotovsky and Solomon Sufrin, notaries public of Kings county.

Removal Proceedings and Investigations 33J

Proceedings for the Removal of the President of the
Borough of Queens

Charges by Charles Pope Caldwell, Arthur E. Keating and William
F. Mathews were laid before the Governor on July 22, 1910.

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

Iii the Matter of Charges Preferred against Lawrence Grosser,
President of the Borough of Queens of the City of New
York.

To Lawrence Gresser, President of the Borough of Queens
of the City of New York:

You are hereby notified that charges have been preferred
against you by Charles Pope Caldwell, Arthur E. Keating and
William F. Mathews, praying that you be removed by the
Governor from the office of president of the borough of
Queens of the city of New York.

A copy of such charges is herewith served upon you.

I hereby fix the second day of August, 1910, at noon, as

the date on or before which your answer to said charges shall

be filed with me at the Executive Chamber ; and you are

further notified that on said second day of August, 1910, or

on such later day or days as may be appointed by me, you

will be afforded an opportunity of being heard in your defense.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy . Seal of the State at the

[l.s.] Capitol in the city of Albany this twenty-second

day of July in the year of our Lord one thousand

nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

George Curtis Treadwell,

Secretary to the Governor.

334 Public Papers of Governor Hughes

Appointment of Commissioner Ordway

State of New York — Executive Chamber.

isefore the governor.

In the Matter of the Charges Preferred by Charles Pope Cald-
well, William F. Mathews and Arthur E. Keating against
Lawrence Gresser, President of the Borough of Queens of
the City of New York.

APPOINTMENT OF COMMISSIONER

Charges having been filed with me on July 22, 1910, by
Charles Pope Caldwell, William F. Mathews and Arthur E.
Keating against Lawrence Gresser, President of the Borough of
Queens of the City of New York, with a petition that he be re-
moved from his office of President of the Borough of Queens
of the City of New York, and a copy thereof having been served
upon said Lawrence Gresser, who has filed an answer to said
charges, with supporting affidavits,

Now, Therefore, Pursuant to the statute in such case made
and provided, I do hereby appoint

Samuel H. Ordwav, Esq.,

of the city and county of New York, a commissioner to examine
witnesses and take evidence as to the truth of said charges, and
I hereby direct said commissioner to report to the Governor the
said evidence and his findings of the material facts deemed by
him to be established in connection with said charges, together
with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this twentieth
[l.s.] clay of September in the year of our Lord one thou-
sand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

George Curtis Treadwell,

Secretary io the Governor.

Removal Proceedings and Investigations 335
Second Notice and Summons

Charges by Charles A. Brodek and others were laid before the
Governor on August 2, 1910. *

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

In the Matter of Charges Preferred against Lawrence Gresser,
President of the Borough of Queens of the City of New
York.

To Lawrence Gresser, President of the Borough of Queens
of the City of New York:

You are hereby notified -that charges have been preferred

against you by Charles A. Brodek and others, praying that

you be removed by the Governor from the office of president

of the borough of Queens of the city of New York.

A copy of such charges is herewith served upon you.

I hereby fix the eleventh day of August, 1910, at noon, as

the date on or before which your answer to said charges shall

be filed with me at the Executive Chamber ; and you are

further notified that on said eleventh day of August, 1910, or

on such later day or days as may be appointed by me, you

will be afforded an opportunity of being heard in your defense.

Given under my hand and the Privy Seal of the State

at the Capitol in the city of Albany this third day

[l.s.] of August in the year of our Lord one thousand

nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

George Curtis Treadwell,

Secretary to the Governor.

336 Public Papers of Governor Hughes

APPOINTMENT OF COMMISSIONER ORDWAY.

State of Xew York — Executive Chamber.

before the governor.

In the Matter of the Charges Preferred by Charles A. Brodek,
Harry T. Huchberger, William S. Pettit, Alois Gutwillig,
Joseph L. Steinam, D. L. Starks, P. A. Conne, Julius
Preis, Samuel Kubie, Oliver Whitson, Valentine W. Smith
and Joseph Fried, Governors of The Progress Society of
the Rockaways, against Lawrence Gresser, President of the
Borough of Queens of the City of New York.

APPOINTMENT OF COMMISSIONER

Charges having been filed with me on August 2, 1910, by
Charles A. Brodek, Harry T. Huchberger, William S. Pettit,
Alois Gutwillig, Joseph L. Steinam, D. L. Starks, P. A. Conne,
Julius Preis, Samuel Kubie, Oliver Whitson, Valentine W.
Smith and Joseph Fried, Governors of The Progress Society of
the Rockaways, against Lawrence Gresser, president of the
borough of Queens of the city of New York, with a petition
that he be removed from his office of president of the borough
of Queens of the city o.f Xew York and a copy thereof having
been served upon said Lawrence Gresser, who has filed an
answer to said charges, with supporting affidavits,

Now, Therefore, Pursuant to the statute in such case made
and provided, I do hereby appoint

Samuel H. Ordway, Esq.,

of the city and county of New York, a commissioner to examine
witnesses and take evidence as to the truth of said charges, and
I hereby direct said commissioner to report to the Governor the
said evidence and his findings of the material facts deemed by
him to be established in connection with said charges, together
with his conclusions thereon.

Removal Proceedings and Investigation 337

Given under my hand and the Privy Seal of the State
at the Capitol in the city- of Albany this twentieth
[l.s.] day of September in the year of our Lord one thou-
sand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

George Curtis Treadwell,

Secretary to the Governor.

Letter of Counsel to the Governor

" State of New York — Executive Chamber.

Albany, July 18, 1910.

Messrs. H. T. Weeks, John A. Rai>elye, Committee, Queens
County Grand Jury, Bayside, N. Y .:

Dear Sirs. — Referring to your communication under date of
the 14th instant with respect to the removal of the borough
president of the borough of Queens, Governor Hughes directs
me, in confirmation of what he has already said to you orally,
to say:

Under the provisions of the Greater New York charter (Sec-
tions 382 ; 122) a president of a borough may be removed by
the Governor in the same manner as a sheriff. The Constitu-
tion of the State (Article X, section 1), provides that a sheriff
may be removed by the Governor upon charges after he has had
an opportunity to be heard in his defense. The statute, with its
reference to the Constitution, contemplates the presentation of
definite charges with suitable specifications as to misconduct or
neglect of duty, and the removal of the officer only where it ap-
pears, after due hearing, that the charges have been sustained.

If the charges in proper form are presented to the Governor
he will give them careful consideration, and will take such ac-
tion as their gravity may warrant.

Very truly yours,

(Signed) ROGER P. CLARK,

Counsel to the Governor.

COMMUTATIONS, REPRIEVES AND EXTRADITION

CASES

COMMUTATIONS, REPRIEVES AND EXTRADITION

CASES

Statement of Commutations and Reprieves Granted by
Governor Hughes During the Year 1910

COMMUTATIONS

March 19. Guiseppe Massario. Sentenced November 16,
1908; county, New York; crime, assault, second degree; term,
minimum four years, maximum four years and six months ;
Sing Sing Prison.

Commuted to one year, four months and one day.

The prisoner has been identified as Vincenzo Bedelia under
indictment in the county of New Haven, State of Connecticut,
for conspiracy to murder and assault with intent to murder.
Pursuant to the request of the State's Attorney of New
Haven county, Connecticut, the Governor of that State
has made requisition for the return of the prisoner as a
fugitive from justice ; and it appearing to me that the interests
of justice demand it, I have commuted his sentence here to the
actual time served, and have ordered that he be surrendered to
the Connecticut authorities.

(In Connecticut the accused pleaded guilty to the crime of
assault with intent to murder, and was sentenced by the court
on April 12. 1910, to imprisonment in the State Prison for not
less than twenty years, and not more than twenty-six years.)

March 25. Floyd Lewis. Sentenced November 8, 1909;
county, Franklin ; crime, public intoxication ; term, six months ;
Onondaga County Penitentiary.

Commuted to four months and sixteen days.

[34i]

342 Public Papers of Governor Hughes

This was granted upon the recommendation of the county
judge who imposed the sentence on the ground that in view of
the circumstances of the offense sufficient punishment has been
inflicted.

April 25. Adolphus Newton. Sentenced November 3, 1909 ;
county, Chenango; crime, grand larceny, second degree; term,
minimum one year, maximum one year and ten mouths ; Auburn
Prison.

Commuted to five months and twenty-two days.

Granted upon the recommendation of the county judge and
district attorney — ■ it also appearing that the prisoner is in
serious condition physically and likely to live but a short time.

(Xewton died a few days after being released).

May 13. William J. Koerner. ' Sentenced March 15, 1898;
county, New York; crime, murder, second degree; term, life;
Auburn Prison.

Commuted to twelve years, one month and twenty-eight days.

The prisoner was convicted of murder in the second degree in
March, 1898, and has been in confinement about twelve years.
It is unnecessary to review the facts of the crime or the course
of the long-protracted legal proceedings.

It sufficiently appears that this is one of the exceptional cases
in which the interests of justice will be served by granting
clemency. The prisoner has fairly earned his release by his ser-
vice to the State in connection with the important duties . to
which he has been assigned in the prison, and the fidelity which
he has conspicuously shown. For many years he has served as
the confidential clerk of the deputy warden in addition to his
work as editor of the Star of Hope. His assistance in the main-
tenance of discipline has been of great value, and the application
for this commutation finds abundant support in the reports made
to me by the prison authorities.

May 24. DeWitt B. Thompson. Sentenced April 23, 1508;
county, Westchester; crime, burglary, third degree; term,
four years; Sing Sing Prison.

Commuted to two years, one month and one day.

Commutations, Reprieves and Extradition Cases 343

Granted upon the recommendation of the county judge and
district attorney — it appearing that the prisoner is suffering
from advanced pulmonary tuberculosis and is expected to live
but a short time, and his mother being in a position to provide,
and promising, suitable care.

September 20. Norman Luchowitz. Sentenced January 29,
1910; county, Sullivan; crime, violating section 405 of the
Penal Law; term, eleven months; Sullivan County Jail.

Commuted to seven months and twenty-one days.

This commutation is granted on the recommendation of the
special county judge before whom the prisoner was tried, the
district attorney and jail physician. It appears that the
prisoner is losing his sight, and will lose it completely unless
removed. The jail is not a suitable place for his detention in
the circumstances, and in view of the time already served it
is believed that the interests of justice will not suffer by the
commutation.

October 6. George H. Brouwer. Sentenced November 15,
1907; county, New York; crime, grand larceny, first degree;
term, minimum three years and nine months, maximum eight
years and nine months; Sing Sing Prison.

Commuted to two years, ten months and twenty-one days.

This was granted upon the recommendation of the judge
who tried the case, Hon. Otto Rosalsky, who stated that " in
view of his age, his hitherto excellent reputation for honesty,
and his evident atonement for his misconduct,'' he ; . was of the
opinion that the prisoner had undergone sufficient punish-
ment.

The complainant joined in the petition for clemency.

344 Public Papers of Governor Hughes

Reprieves

February 9. Charles Bowser.

Convicted of murder in the first degree, in the county of
New York, and sentenced May 17, 1909, to be executed. Con-
viction affirmed by the Court of Appeals and execution to
take place during the week beginning January 3, 1910.
Respite until February 28, 1910.

A respite was granted on December 31, 1909, until Febru-
ary 14, 1910, upon the application of Supreme Court Justice
Pound, in order to afford sufficient time for the hearing and
decision of a motion for a new trial on the ground of newly-
discovered evidence.

The further respite was granted, on the same ground, until
February 28, 19 10.

(The motion for a new trial was denied and prisoner was
executed on February 28, 1910.)

February 19. Luigi Gambacorta.

Convicted of murder in the first degree, in the county of
Erie, and sentenced January 21, 1908, to be executed. Con-
viction affirmed by the Court of Appeals and execution to take
place during the week beginning February 21, 19 10. Respite
until March 21, 1910.

A question having arisen as to the sanity of the prisoner,
respite was granted to permit proper inquiry to be made.

March 12. Further respite upon the same ground, for the
same purpose, was granted until May 23, 1910.

May 20. Further respite upon the same ground, for the
same purpose, was granted until June 20, 1910.

On May 26, 1910, pursuant to chapter 338 of the Laws of
i9ro, which became a law with the Governor's approval on
May 21, 1910, amending section 495a of the Code of Criminal
Procedure, Albert Warren Ferris, M. D., president of the State
Commission in Lunacy, Edward L. Hanes, M. D., assistant
physician of the Rochester State Hospital, and Antonio Stella,
M. D., of 214 East Sixteenth street, borough of Manhattan,

Commutations, Reprieves and Extradition Cases 345

New York city, were appointed commissioners to examine the
prisoner and to make report as to his sanity.

After examination the commissioners made repqrt under
date of June 17, 1910, that they had reached "the unanimous
conclusion that the said Luigi Gambacorta is insane, his mental
condition being characterized by delusions, hallucinations and
illusions, and by other conclusive evidences of mental disorder.
The mental condition of the said Luigi Gambacorta is such
that he does not know the nature and quality of his acts, and
is unable to distinguish right from wrong."

Upon said report, on June 18, 1910, order was made for
the removal of the prisoner to the Dannemora State Hospital
for Insane Convicts, there to remain until restored to his right
mind.

May 10. Antonio Fornaro.

Convicted of murder in the first degree, in the county of
Rensselaer, and sentenced March 30, 1909, to be executed.
Conviction affirmed by the Court of Appeals and execution
to take place during the week beginning May 16, 1910.
Respite until May 31, 1910.

The respite was granted upon the application of the Consul-
General of Italy in order that a petition might be presented
for executive clemency.

May 29. A further respite was granted for the same pur-
pose until June 20, 1910.

The petition was received, considered and denied.

June 17. Further respite was granted until June 21, 1910,
for the convenience of the prison authorities in making ar-
rangements for the execution.

(The prisoner was executed on June 21, 1910.)

346 Public Papers of Governor Hughes

Transferred to Dannemora State Hospital for Insane

Convicts

June 1 8. Luigi Gambacorta.
(Facts stated above.)

September 30. John Bell.

Convicted of murder, first degree, in the county of Rich-
mond, and sentenced May 22, 1907, to be executed. Stayed
by appeal.

On July 23, 1910, pursuant to section 495a of the Code of
Criminal Procedure, as amended by chapter 338 of the Laws
of 1910, Isham G. Harris, M. D., first assistant physician of
the Hudson River State Hospital ; Frederick W. Parsons,
M. D., second assistant physician of the Hudson River State
Hospital, and George H. Kirby, M. D., director of Clinical
Psychiatry of the Manhattan State Hospital, were appointed
commissioners to examine the prisoner and to make report as
to his sanity.

The commissioners reported on September 26, 19 10, that
they had reached the opinion that the said John Bell is " in-
sane and that we believe he suffers from a mental disease
known as dementia praecox of the paranoid form — that his
intelligence has undergone a weakening known as deterioration,
and that in our opinion his mental disease is progressive, and
that he will not recover from his insanity. The mental con-
dition of the said John Bell is such that he does not know the
nature and quality of his acts, and is unable to distinguish
right from wrong."

Upon said report upon September 30, 1910, order was made
for the removal of the prisoner to the Dannemora State
Hospital for Insane Convicts, there to remain until restored to
his right mind.

Commutations, Reprieves and Extradition Cases 347

Application for the Rendition of Frank N. Hoffstot

GOVERNOR'S OPINION -

State of New York — Executive Chamber.

Albany, April 19, 1910.

In the Matter of the Application of the Governor of Penn-
sylvania for the Rendition of Frank N. Hoffstot as a
Fugitive from Justice.

The Governor of Pennsylvania has made requisition for the
surrender of Frank N. Hoffstot, charged in that State with
the crime of conspiracy. The requisition is accompanied by a
copy of indictment, found in Allegheny county on April 6th,
1910, and certified by the Governor of Pennsylvania to be
authentic. There is also an affidavit by the chief county de-
tective that the accused was in said county and State at the
time of the commission of the offense. The papers are suf-
ficient upon their face.

It is claimed on behalf of the accused that he is not a
fugitive from justice. In support of that claim he testifies that
he was not in the State of Pennsylvania on June 3rd, 1908, the
date on which the indictment charges that the crime was com-
mitted, but that on that date he was in the city of New York.
This testimony the attorneys for the Commonwealth of Penn-
sylvania do not attempt to contradict and they admit that they
cannot controvert it.

But it is the contention of the Commonwealth of Penn-
sylvania that it is not limited to the precise date mentioned
in the indictment, and that the crime was not committed on
that particular day but during a period extending through
May and June, 1908. The endorsement upon the indictment
states that it was founded upon a presentment and a recital
appended to the indictment is to the same effect. A copy of
this presentment admitted to be authentic was submitted to
me upon the hearing by counsel for the accused. This pre-
sentment contains the following:

" The Grand Inquest of the Commonwealth of Penn-
sylvania, now inquiring in and for the body of the County

348 Public Papers of Governor Hughes

of Allegheny, upon their oaths and solemn affirmations,
Do Respectfully Present and report in regard to the bribe
received by Charles Stewart, a member of Select Council
of the city of Pittsburgh, of the sum of $52,500, for the
selection of the Farmers Deposit National Bank of the
city of Pittsburgh, the Second National Bank of Pitts-
burgh, and the German National Bank of Allegheny, as
depositories for the city of Pittsburgh for the four years
beginning February 1, 1909, as follows:

" That in the spring of 1908, the said Charles Stewart,
then and there being a member of Select Council of the
city of Pittsburgh, did enter into and complete an ar-
rangement with one James W. Friend, now deceased, rep-
resenting Frank N. Ploffstot, one of his associates in this
transaction, and representing further as ultimate princi-
pals the Farmers Deposit National Bank of Pittsburgh,
the Second National Bank of Pittsburgh, and the Ger-
man National Bank of Pittsburgh, whereby the said
James W. Friend and Frank N. Ploffstot would pay him,
the said Charles Stewart the sum of $52,500. for the pur-
pose of securing the selection of the said three banks as
depositories of the city of Pittsburgh, for the period
above specified. The first arrangement was to the effect
that James W. Friend would secure the services of a
stakeholder to hold said sum of money pending the
passage of the proper ordinances and resolutions. In an
endeavor to complete this arrangement, the said Stewart
and Friend attempted to obtain the services of William
A Blakeley, Esq., then and there a member of the
Allegheny County Bar, and requested him to act as stake-
holder. Mr. Blakeley declined to act in that or in any
other capacity, and warned the parties of the criminality
of the proposed • act and of the danger to them of any
further connection with such a transaction.

" Subsequently to this occurrence the said James W.
Friend, now deceased, and his associates, including Frank
N. Hoffstot, completed an arrangement with the said
Charles Stewart whereby said Frank N. Hoffstot would

Commutations, Reprieves and Extradition Cases 349

pay or cause to be paid to the said Charles Stewart the
amount of money agreed upon in the city of New York,
in order, if possible, to avoid all criminal liability in the
county of Allegheny.

" We find that pursuant to said agreement the said
Frank N. Hoffstot did pay and cause to be paid to the
said Charles Stewart upon the times mentioned in a fore-
going presentment of ours, in all the said sum of $52,500.

" We further find that the said Frank N. Hoffstot did
solicit from one James M. Young, cashier of the Second
National Bank of Pittsburgh, the sum of $21,000 to be
paid to the said Charles Stewart for the purpose of insur-
ing the selection of the Second National Bank of Pitts-
burgh as one of the city depositories.

" We further find that between June 22nd, 1908^ when
the ordinance providing for the selection of the following
six banks as city depositories, viz: Farmers Deposit Na-
tional Bank of Pittsburgh, Columbia National Bank of
Pittsburgh, Second National Bank of Pittsburgh, German
National Bank of Pittsburgh, German National Bank of
Allegheny and Workingsman Savings Bank and Trust
Company of Allegheny, was passed by the councils of the
city of Pittsburgh, and July 9th, 1908, when said ordinance
was passed over the Mayor's veto, that the said Frank N.
Hoffstot did call up by telephone the said James M. Young
upon two occasions and did request him to forward to a
certain party whose name is to the Grand Inquest un-
known, at a certain address in New York, the said sum
of money as a bribe."

' Then follow the findings in substance that on June 3rd, 1908,
Frank N. Hoffstot conspired with Stewart and Friend to de-
fraud the city of Pittsburg and to procure by the bribery of
Councilmen the selection of the Farmers Deposit National Bank
of Pittsburg, Second National Bank of Pittsburg and German
National Bank of Allegheny as the depositories of the city, and
the recommendation that the district attorney should be di-
rected to prepare an indictment accordingly.

35° Public Papers of Governor Hughes

It is well settled that upon the trial, the precise date alleged
in the indictment would not be material, and that the State
could prove the commission of the crime at a different time.
(Jacobs v. Commonwealth, 5 S. & R. 315; 1 Pomeroy's Arch-
bolds Crim. Pr. & PI. p. 363.) The crime here alleged is con-
spiracy, to bribe municipal officers. It would not be necessary to
prove that the crime was committed on a particular day. It may
be proved by circumstantial evidence, and its very nature fre-
quently makes a crime of this sort susceptible of none other.
As said in Kelley v. People (55 N. Y. 576) :

"A conspiracy may be proved, as other facts are proved,
by circumstantial evidence, and parties performing discon-
nected overt acts, all contributing to the same result and the
consummation of the same offense, may, by the circumstan-
ces and their general connection or otherwise, be satisfac-
torily shown to be conspirators and confederates in the
commission of the offense. One party may allure the vic-
tim into the den, leaving it to others to effect the robbery,
and all will be held equally guilty as confederates." (See
People v. Miles, 123 App. Div. 862 ; affd., 192 N. Y. 541).

It is not unusual to find in such cases that it is necessary to
prove acts of the alleged conspirators extending through a con-
siderable period of time, the evidence of which may furnish a
sure basis for the conclusion that the crime ■ charged has in fact
been committed. There is no rule of law which confines the
proof to a particular day, much less to the precise day set forth
in the indictment.

In view of the statements in the presentment and those made
upon the hearing before me, I must conclude that the charge
which the accused, if surrendered, would be called upon to
meet under the indictment, is not limited to the third day of
June, 1908, but would embrace an extended period covering
the months of May and June in that year.

The first question then is whether, whatever may be the fact
as to the time to which the charge actually relates or the show-
ing upon this point before the Executive of the State where the
accused is found, the demanding State in a proceeding of this

Commutations, Reprieves and Extradition Cases 351

sort is absolutely bound by the date specified in the indictment.
In an extradition proceeding must the Executive determine the
question whether the accused is a fugitive from justice solely
with reference to that date ? I do not so understand the law.

Undoubtedly where there is nothing before the Executive to
show that the charge relates to any other time, he is justified in
refusing to surrender the accused if it clearly appears that on
the date specified the accused was not within the demanding
State.

It is well established that the accused cannot be considered a
fugitive from justice if he was not within the demanding State
at the time when the offense with which he is charged was com-
mitted. He cannot properly be surrendered upon the theory
of a " constructive presence." (People ex rel. Corkran v.
Hyatt, 172 N. Y. 176; Hyatt v. Corkran, 188 U. S. 691). In
the Hyatt case, the accused was charged by indictment in Ten-
nessee with the commission of crimes on May 1, 1901, May 8,
1901, and June 24, 1901, respectively. It was stipulated that
he was not in Tennessee between May i, 1899, and July 1,
1901, but was in that State on July 2, 1901. The question pre-
sented was whether he should be surrendered to the authorities
of Tennessee on the doctrine of '* constructive presence," it
having been conclusively established that he was not physically
present in Tennessee when the alleged crimes, if ever, were
committed. It was not pretended that he was in the demanding
State when the crimes were actually committed, and his pres-
ence there on July 2, 1901, therefore had no relevancy to the
charge.

But the Hyatt case did not decide that where it appears that
the crime charged was committed at another time than that
specified in the indictment, this cannot be considered by the
Executive upon a demand for rendition. Upon the contrary,
such a holding was distinctly negatived. Cullen, J., in giving
the opinion of the New York Court of Appeals said (172
N. Y. on p. 188) :

" It is suggested (though not by counsel) that I have
construed the stipulation of the counsel for the state of
Tennessee too broadly and that it was intended to admit

352 Public Papers of Governor Hughes

only that the defendant was not in Tennessee at the par-
ticular dates alleged in the indictment, not lhat he was
absent from Tennessee at the commission of -the offenses
charged against him. The brief of the learned counsel
entirely disposes of this suggestion. He makes but two
points : i . 'A person charged with crime may be extra-
dited although he was not within the demanding state at
the time of the commission of the alleged offense ;'

" 2. ' The Supreme Court is limited on habeas corpus to
review but one question, namely, the question of identity.'
I have, therefore, but followed the counsel's own construc-
tion of his admission." (See also opinion of O'Brien, J.
id. on pp. 197, 198).

The dissenting judges in this case gave a different construc-
tion to the stipulation and thus reached the conclusion that the
question of constructive presence was not involved (id. pp. 205-
210). In the United States Supreme Court the stipulation was
construed in conformity with the view of the majority of the
New York court, and it was upon this basis that the final result
was reached. The court said (188 U. S. on pp. 711, 712) :

" The indictments in this case named certain dates as the
times when the crimes were committed, and where in a pro-
ceeding like this there is no proof or offer of proof to show
that the crimes were in truth committed on some other day
than those nar.ed in the indictments, and that the
dates therein named were erroneously stated, it is sufficient
for the party charged to show that he was not in the State
at the times named in the indictments, and when those
facts are proved so that there is no dispute in regard to
them, and there is no claim of any error in the dates
named in the indictments, the facts so proved are sufficient
to show that the person was not in the State when the
crimes .were, if ever, committed.

" The New York Court of Appeals has construed the
stipulation as conceding these facts and we think that its
construction of the stipulation is the correct one."

Commutations, Reprieves and Extradition Cases 353

In McNichols v. Pease (207 U. S. 100) the charge shown
by affidavit, was that the accused committed the crime of lar-
ceny in Wisconsin on September 30. 1903. He sought to prove
that he was in Chicago on the precise day alleged. While his
proof was deemed insufficient on this point, still the point was
not conceded to be controlling. Mr. Justice Harlan in delivering
the opinion of the court said (on p. no) :

" It is said that the plaintiff in error was not in the State
of Wisconsin on the day when the alleged larceny from the
person of Hansen was committed; therefore, it is con-
tended, he could not have committed the crime charged,
and thereafter become a fugitive from the justice of that
State. If the authorities of Wisconsin were bound by the
date named in the requisition papers, which we do not con-
cede (1 Pomeroy's Archbold's Cr. Pr. & PI. 363), still the
record presents no such case as is contended for by the
accused."

Similarly in Hayes v. Palmer (21 App. Cas. Dist. Col. 450),
the alleged alibi was not satisfactorily established with respect to
the precise date charged, but the court evidently did not regard
the demanding State as limited to that date, if it should appear
that in fact the charge related to another time. The court said
(id. p. 462) :

" For example, suppose the case of a party indicted for
a secret murder that had been brought to light, long after
its commission, by the discovery of the partly decomposed
body, or the skeleton of the murdered person ; the evidence
being entirely circumstantial, and the date of the commis-
sion of the crime a matter of conjecture on the part of
the grand jury. The accused, having been arrested in
another State as a fugitive from justice, testifies that he
was not in the demanding State on the day alleged, but had
been there shortly before, and frequently during the same
summer, failing, however, to fix the latter dates at all.
Would this evidence be sufficient to impose upon the de-
manding State the burden of introducing witnesses to

12

354 Public Papers of Governor Hughes

prove the various circumstances from which it might
reasonably be inferred that the murder had occurred
shortly before the date alleged in the indictment? We
think not."

The date alleged in the indictment is frequently selected
arbitrarily. If there is no claim that the offense was committed
at another time, of course the date alleged is the only time
before the Executive and he must make his decision accordingly.
But if it satisfactorily appears that a charge relates to another
time and that the accused is a fugitive from justice with respect
to the actual charge, there is no public policy in making it
necessary to have a new indictment found, with a more exact
reference, in order that rendition should be had. Insistence upon
this might frequently cause a miscarriage of justice and such a
rule would not accord protection to any substantial or proper in-
terest of the accused. As was well said in Appleyard v. Massa-
chusetts (203 U. S. pp. 227, 228), "The constitutional pro-
vision relating to fugitives from justice, as the history of its
adoption will show, is in the nature of a treaty stipulation en-
tered into for the purpose of securing a prompt and efficient
administration of the criminal laws of the several States — an
object of the first concern to the people of the entire country,
and which each State is bound, in fidelity to the Constitution,
to recognize. A faithful, vigorous enforcement of that stipu-
lation is vital to the harmony and welfare of the States."

Such faithful, vigorous enforcement cannot well be had if the
time to which the charge actually relates be disregarded and
the formal specification in the indictment be treated as con-
trolling. The rights of the accused in an extradition proceed-
ing are no more sacred than those of the defendant upon the
trial for crime. The precise date may be disregarded in the
latter, and it should not be deemed absolutely binding in the
former.

I conclude therefore that the question in the present case is
not simply whether the accused was in the State of Pennsyl-
vania on June 3, 1908, but whether he is a fugitive from justice
with respect to the charge of conspiracy committed in the spring
of 1908 and during a period embracing the months of May
and June in that year.

Commutations, Repeieves and Extradition Cases 355

Now in order that he should be deemed a fugitive from jus--
tice it is not necessary that the accused should have left the-
State in which the crime is alleged to have been committed for'
the purpose of avoiding a prosecution (Roberts v. Reilly, 116
U. S. p. 80). "The sole purpose of this statute, and of the-
constitutional provision which it was designed to carry into
effect, was to secure the return of persons who had committed
crime within one State and had left it before answering the
demands of justice. The important thing is not their purpose
in leaving, but the fact that they had left, and hence were
beyond the reach of the process of the State where the crime
was committed. Whether the motive for leaving was to escape
prosecution or something else, their return to answer the
charges against them is equally within the spirit and purpose
of the statute; and the simple fact that they are not within the
State to answer its criminal process, when required, renders,
them, in legal intendment, fugitives from justice, regard-
less of their purpose in leaving." (State v. Richter, 37 Minn,
pp. 436-438; quoted with approval in Appleyard v. Mass., 203
U. S. on p. 231).

Nor may the accused be the less a fugitive from justice
because he may reside in the State where he is found. The ■
term embraces " not only a case where a party after commit-
ting a crime actually -flees, in the literal sense of that term, from
the State where such crime was committed, but also a case
where a citizen of one State, who within the territorial limits
of another State, commits a crime, and then simply returns to
his own home." (Ex parte Swearingen, 13 S. C. pp. 74-80;
Appleyard v. Mass, supra.)

Upon an application of this sort it is neither practicable nor
proper to try the merits of the charge, nor to determine whether
the accused is guilty. So far as the charge of crime is con-
cerned it is sufficient that it be shown by affidavit or indictment.
as the statute requires. Nor can it be conceived to be necessary
to try the merits of the charge in order to determine whether
the accused is a fugitive from justice. When it is said that he
may be regarded as a fugitive if he has committed a crime in
another State and then left that State, it is not meant that
the Executive upon whom the requisition for his surrender is.

3$6 Public Papers of Governor Hughes

made must first try out the question whether the accused
actually committed the crime while in the demanding State.
Such a contention would subvert the purpose of the Constitu-
tipn and the statute, for in every case upon a plea that the
accused was not a fugitive from justice he would be permitted
upon this theory to demand proof that he had actually com-
mitted, or participated in the commission of, the crime. Such
a view is inadmissible.

It must be deemed sufficient that it appears that the accused
was within the demanding State at or during the time to which
the charge relates, and in circumstances which do not negative
his participation in the crime.

Where the charge is conspiracy, as in the present case, a
crime which may be shown by circumstantial evidence in-
volving the proof of various acts of the several parties, it
is idle to say that the accused cannot be considered a fugitive
from justice unless it is shown that, while he was within the
demanding State, at the place and during the time to which
the charge relates, he performed an act sufficient to show his
participation in the crime. Whether his acts within that State
during the period in question are of a character to justify his
conviction, must be determined by a consideration of all the
evidence which can satisfactorily be produced only upon the
trial and cannot properly be heard or weighed on an applica-
tion of this kind. At least this would seem to be clear where
his^ presence in the State at the time to which the charge re-
lates was not under conditions which establish the impossibility
of -his participation.

Viewed in this light I am convinced that I should honor the
requisition.

The accused was not a stranger to Pittsburg. He had busi-
ness interests in that city and was president of the German
National Bank of Allegheny, one of the banks mentioned in
the indictment which it is alleged was to be the beneficiary
of the conspiracy which is the subject of the charge. It suffi-
ciently appears that it was the practice of the accused to make
frequent visits to Pittsburg in connection with his business
there, and particularly in connection with matters affecting
thisbank: He testifies that he usually goes to Pittsburg " once

Commutations, Reprieves and Extradition Cases 3$7

a month." Referring to the year 1908, he testifies' ffeat
he "probably went there in April some time." It is his Dest
recollection that he was there in the month of May " about
the twenty-fifth or sixth, somewhere along there." He was
also in Pittsburg as nearly as he can recall on " the twenty-
ninth or thirtieth of June." On his trips he generally re-
mained a day or two and attended to his various business
interests. It also sufficiently appears that on the occasion of
his visit in the latter part of May, 1908, which it is claimed
by the Commonwealth of Pennsylvania took place oh the 28th
of May, he attended a meeting of the board of directors 1 of
the bank above mentioned.

The presence of the accused in Pennsylvania during the
period in question was not casual or in circumstances o'f a
character which remove it from consideration in connection
with the charge. An indictment having been found agains't
him upon a charge which, fairly considered, covers the time
during which he was in Pittsburg, and having left the State
of Pennsylvania and being found in this State, he should in
accordance with the mandate of the statute be surrendered tb
the Pennsylvania authorities for trial. !

It is no answer to say that the presentment in connection
with other matters refers to an intention that payment of the
bribe money should be made in New York in order to escape
prosecution in Pennsylvania. This is only one of the state-
ments. The charge is sufficiently made that he committed the
crime in the State of Pennsylvania.

It has also been contended for the accused that in view of
the demand in the presentment that he should return to give
testimony, that this proceeding is not conducted in good faith.
I assume, and upon the record before me I believe -that I am
bound to assume, that the indictment has been found in good
faith and that it is the intention of the authorities of Penn-
sylvania duly to prosecute the accused for the crime, in the
event of his surrender.

The only question is whether he should be regarded as- a
fugitive from justice, and I find that he is, and hence will
grant the warrant.

(Signed) CHARLES E. HUGHES.

• 35^ Public Papers of Governor Hughes

Application of Gilbert Coleman, Convicted of Murder
in the First Degree, for Executive Clemency, Denied

State of New York — Executive Chamber.

Albany, May 5, 19 10.

In the Matter of the Application of Gilbert Coleman, Con-
victed of Murder in the First Degree, for Executive
Clemency.

The matters, which may be deemed important upon this
application, were fully considered by the Court of Appeals.
That court had before it not only the record on the appeal
from the judgment of conviction, but also the papers on the
motion for a new trial which presented the claims of the
defendant with respect both to the conduct of the trial and to
.the additional evidence he desired to submit. After a careful
.review of all the questions involved the court reached the con-
clusion that the conviction should be affirmed.

I have examined the record and the papers submitted and
I find no ground, consistent with the proper administration of
justice, which would justify me in granting the application.
The application is therefore denied.

(Signed) CHARLES E. HUGHES.

Regarding the Case of Luigi Gambacorta, Under Sen*
tence of Death — Commissioners Appointed to Ex-
amine Him and Report as to His Sanity

State of New York — Executive Chamber.

Albert Warren Ferris, M. D., President, State Commission
in Lunacy;

• Edward L. Hanes, M. D., Assistant Physician, Rochester

State Hospital, and
Antonio Stella, M. D., 214 East Sixteenth Street, Borough

of Manhattan, New York City,
are hereby appointed Commissioners to examine Luigi Gam-
bacorta, otherwise known as Louigi Gambacurta, otherwise

Commutations, Reprieves and Extradition Cases' 359

known as Louigi Giambacurta, now confined in Auburn Prison
under sentence of death, and to report to the Governor as to
' his sanity at the time of the examination, in accordance with
the requirements of section 495a of the Code of Criminal
Procedure.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this twenty-
[l.s.J sixth day of May in the year of our Lord one
thousand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Commissioners Give Opinion that Gambacorta is Insane
— Governor Orders the Removal of the Insane Man
to the Dannemora Hospital for Insane Convicts

State of New York — Executive Chamber.

Albert Warren Ferris, M. D., President, State Commission
in Lunacy; Edward L. Hanes, M. D., Assistant Physician,
Rochester State Hospital, and Antonio Stella, M. D., having
been appointed by me on May 26, 19 10, to examine Luigi
Gambacorta, otherwise known as Louigi Gambacurta, othei-
wise known as Louigi Giambacurta, confined in Auburn
Prison, under sentence of death, and to report to me as to
his sanity at the time of the examination, and the Commis-
sion having made such examination and reported this day the
facts to me, with their opinion thereon that the said convict
is insane, and that his mental condition is such that he does
not know the nature and quality of his acts and is unable to
distinguish right from wrong, and it appearing to my satis-
' faction that the said convict is now insane,

Now, Therefore, I, Charles E. Hughes, Governor of the
State of New York, pursuant to the statute in such case made
and provided, do hereby order the removal of the said Luigi

360 Public Papers of Governor Hughes

Gambacorta, otherwise known as Louigi Gambacurta, other-
wise known as Louigi Giambacurta, so found insane, to the
Dannemora Hospital for Insane Convicts, there to remain
until restored to his right mind.

Given under my hand and the Great Seal of the State
■ at the Capitol in the city of Albany this eighteenth
[l.s.] day of June in the year of our Lord one thousand
nine hundred and ten.

(Signed) CHARLES E. HUGHES.

Attest :

Samuel S. Koenig,

Secretary of State.

Regarding the Case of Guiseppe Gambaro, Under Sen-
tence of Death — Application for Executive Clemency
Denied

State of New York — Executive Chamber.

Albany, July 20, 1910.

In the Matter of the Application for Executive Clemency in
the Case of Guiseppe Gambaro, Under Sentence of
Death.

Guiseppe Gambaro shot and killed his brother, Vincent
Gambaro, in the city of New York on February 5, 1909. Upon
his trial in May, 1909, he was convicted of murder in the
first degree. Ten months later a motion was made for a new
trial upon the ground of newly-discovered evidence, in con-
nection with which a number of affidavits were presented set-
ting forth alleged facts which had not been brought out at the
trial. The motion for a new trial was denied. Upon an ap-
peal to the Court of Appeals the facts presented upon this
motion were included in a supplemental return.

The Court of Appeals unanimously affirmed the conviction
and stated its conclusions as follows :

Commutations, Reprieves and Extradition Cases 361 •

'" The jury fottnd the defendant guilty of murder in
the first degree, and a careful examination of the record
compels the conclusion that the verdict was the only one
that could have been honestly rendered in the circum-
stances. * * *.

" Nothing further need be said about the real record
on appeal. Defendant's present counsel, who was called
into the case after the trial and conviction, now asks us
to consider a supplemental return consisting of affidavits
which set forth averments of facts and circumstances
referred to as newly discovered evidence, and upon
which a motion for a new trial was made and denied. Al-
though these affidavits are not a part of the record on
appeal, we have examined them carefully and have no
hesitation in deciding that, conceding all they contain,
they are not sufficient to warrant the granting of a new
trial. The whole case can be fitly characterized in a sen-
tence. The defendant, smarting under a real or fancied
wrong, undertook to be his own avenger and committed a
murder which is surrounded by unmistakable elements of
deliberation and premeditation and is without a single
palliating circumstance."

In the papers presented to me there is nothing which would
justify me in reaching a different conclusion, or in interfering
with the execution of the judgment of the court.

The application for clemency is denied.

(Signed) CHARLES E. HUGHES.

362 Public Papers of Governor Hughes

Regarding the Requisition for A. Shep Pearlstine —
Warrant for Arrest and Rendition Revoked and
Vacated

State of New York — Executive Chamber.

In the Matter of the Requisition for A. Shep Pearlstine.

The requisition of the Governor of the State of Tennessee,
dated January 25, 1910, for the rendition of A. Shep Pearl-
stine, charged with embezzlement in that State, having been
honored heretofore, to wit, on February 4, 1910, and a war-
rant for the arrest and rendition of said A. Shep Pearlstine
having been' issued to the Police Commissioner of Xew York
city, and the said A. Shep Pearlstine having applied for the
vacating of said warrant and having thereupon presented to
me satisfactory evidence that he was not within the State of
Tennessee at any of the times of the commission of the of-
fenses charged in the indictment which forms a part of the
requisition papers, such evidence not being controverted,

Ordered, That the said warrant for the arrest and rendi-
tion of said A. Shep Pearlstine be, and the same hereby is,
revoked and vacated.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this first day
[l.s.J of August in the year of our Lord one thousand
nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

George Curtis Treadwell,
Secretary to the Governor.

XI
MISCELLANEOUS

[363]

XI

MISCELLANEOUS

Approval of a Site for the State Farm for Women*

State of New York — Executive Chamber.

Albany, May 4, 1910.

Pursuant to the provisions of section 1 of chapter 467 of
the Laws of 1908, I hereby approve as a site for the State
Farm for Women, the lands selected by the Commission on
State Farm for Women, appointed pursuant to the provisions
of said chapter to select a site for the State Farm for Women,
and submitted to me by the said Commission in a communica-
tion dated November 16, 1909, and I approve the purchase of
said site accordingly.

(Signed) CHARLES E. HUGHES,

Governor of the State of New York.

Approval of a Site for a New State Prison*

State of New York — Executive Chamber.

The Commission on New Prisons having presented to me
the annexed report, and the same having been duly considered,

I do hereby approve the selection of the site described in
said report as the site to be purchased for a new State prison,
and I approve the purchase thereof, pursuant to the provisions
of chapter 365 of the Laws of 1910, and for the price stated
in said report.

* See Appendix for report of the Commissio n on State Farm for
Women.

* See Appendix for report of the Commission on New Prisons.

[365]

366 Public Papers of Governor Hughes

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this ninth day
[l.s.J of June in the year of our Lord one thousand nine
hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Adjustment of the Claim of the Cayuga Nation of In-
dians Resident in the State of New York

Letter of the Governor to the Commissioners of the
Land Office.

State of New York — Executive Chamber.

Albany, May 5, 1910.
To the Honorable:

Horace White, Lieutenant-Governor,

James W. Wadsworth, Jr., Speaker of the Assembly,

Samuel S. Koenig, Secretary of State, '

Clark Williams, Comptroller,

Thomas B. Dunn, State Treasurer,

Edward R. O'Malley, Attorney-General,

Frank M. Williams, State Engineer and Surveyor,

Commissioners of the Land Office, Albany, N. Y.

Sirs. — Pursuant to your instructions I received on Febru-
ary 17, 1910, a certified copy of your proceedings at a meeting
held February 16, 1910, in the matter of the adjustment of
the claim of the Cayuga Nation of Indians resident in the
State of New York, pursuant to the provisions of chapter
.255, Laws of 1909, together with form of treaty submitted
for my approval.

In order that I might be advised of all the facts pertaining
to said claim, and of the questions which should be taken into
consideration in giving or withholding my approval of the
proposed settlement, I requested the Attorney-General to
make a report to me upon the matter.

Miscellaneous 367

I have received his report under date of April 26, 1910, a
copy of which I hand you herewith.

The Attorney-General has given the matter careful consid-
eration and has reviewed the subject at length. In nis con-
clusion he says :

" I am of the opinion that this claim is without basis as
a legal claim against the State. The only aspect in which
it can be considered is as a benevolent or charitable gift.
As such, there is no legal objection against its being paid.
In my judgment, the Legislature has substantially the
same power to provide for making such a grant as in the
case of pensions or bounties.

"Although this claim appears to have the sanction of
the Legislature and to be authorized by it to be settled,
yet it has been provided in the act of 1909 that the settle-
ment be approved by the Governor. At no time when
this matter was before the Legislature, did it appear that
this tribe had borne arms against the citizens of this State
and nation; nor did it appear that whatever lands the
CayUgas possessed after the Revolution, they occupied
through the special benefaction of the State. These facts
and the many others recited above, not having been taken
into consideration heretofore, may now quite properly be
considered by you in granting or withholding your ap-
proval of this settlement."

In view of the Attorney-General's statement in the conclud-
ing sentence above quoted, that the facts to which he refers
have not been taken into consideration heretofore, I deem it
proper to bring the report to your attention, and to return to
you the enclosed form of settlement or treaty submitted to
me, in order that you may have opportunity in the light of the
statements contained in the report to give the matter such
further consideration, or to make such further suggestion or
recommendation, as you may think advisable.

I have the honor to remain,

Very respectfully yours,

(Signed) CHARLES E. HUGHES.

368 Public Papers of Governor Hughes

Approval of the Selection of Additional Lands as a Site
for a New State Prison*

State of New York — Executive Chamber.

The Commission on New Prisons, having presented to me
the annexed report, dated June 25, 1910, and the same having
been duly considered,

I do hereby approve the selection of the additional lands
described in said report as a part of the site to be purchased
for a new State prison, and I approve the purchase thereof
pursuant to the provisions of chapter 365 of the Laws of 1910
and for the price stated in said report.

Given under my hand and the Privy Seal of the State
at the Capitol in the 'city of Albany this twenty-
[l.s.] fifth day of July in the year of our Lord one thou-
sand nine hundred and ten.

(Signed) CHARLES E. HUGHES.

By the Governor :

George Curtis Treadwell,

Secretary to the Governor.

Enforcement of the Primary Election Law

" State of New York — Executive Chamber.

"Albany, September 16, 1910.

" Hon. Lansing I. Platt, Sheriff of Albany County, Albany,
N..Y.:

" Sir. — I enclose copy of a communication under date of the
14th instant, signed by James B. Brennan and others, with
regard to the primary election in Cohoes.

" I request you to take such action as may be necessary to
secure the proper enforcement of the law within your county.
" Respectfully yours,
"(Signed) CHARLES E. HUGHES."

* See Appendix for report of the Commission on New Prisons.

Miscellaneous 369

The communication referred to by the Governor and enclosed
with the letter to the sheriff was as follows :

Cohoes, N. Y., September 14, 4910.

To His Excellency, Charles E. Hughes, Governor of the
State of New York:

" The undersigned, duly enrolled members of the Democratic
party in the city of Cohoes, hereby respectfully submit for your
consideration the following statement of facts, relative to the
approaching Democratic primary election which will be held
in the city of Cohoes on September 20th, instant :

"At the last contested Democratic primary, which was held
on the 31st day of March, 1908, the .following gross irregulari-
ties and offences were committed and without interference on
the part of any of the officers of the law :

" 1. The polling places in several districts were opened and
ballots placed in the boxes at least fifteen minutes before the
hour fixed by statute for the opening of the polls ;

" 2. Requests on the part of watchers that the inspectors open
the boxes for examination, before the hour fixed for the com-
mencement of voting, were repeatedly ignored by the inspec-
tors;

" 3. In a great many instances ballots, commonly called
' Marrowfats,' were so ironed together as to present the appear-
ance of but a single ballot; and were voted in that form ;

" 4. At the close of the polls, ballot boxes containing such
so-called ' Marrowfats ' were violently shaken so as to separate
any ballots which might have been voted together, the obvious
purpose being to circumvent the provisions of what is now sec-
tion 60 of the Election Law;

"5. Electors who were present to witness the canvass were in
several districts summarily ejected into the street and the doors
to the polling places were locked;

" 6. Tn one instance the inspectors left the ballots uncounted,
proceeded to a neighboring saloon and there filled out and certi-
fied returns which were filed with the custodian of primary
records ;

" 7. In another instance the returns were signed by the in-
spectors before the hour for closing the polls.

370 Public Papers of Governor Hughes

'" Remonstrances against the foregoing violations of the law
were utterly unavailing to check them.

" Original affidavits, taken soon after the occurrences above
mentioned had transpired, are herewith filed.

" The present leader of one of the factions of the party, one
Michael T. Smith, whose name frequently occurs in the said
affidavits, has repeatedly announced that he will under no cir-
cumstances permit any election district to be carried against the
faction which he represents at the coming primary. John J.
McShane, chairman of the Democratic City Committee, re-
cently stated to Committeeman Jackson, of the Fourth ward
of said city, that it would make no difference if the opposing
faction received every vote cast in the ward, because the
regular organization would not permit the opposition to win
on the face of the returns under any circumstances.

"At the next ensuing primary there will be nine separate
primary districts or polling places in said city. Unless each of
these polling places shall be adequately manned by a sufficient
number of special deputy sheriffs, appointed for that day, it is
firmly believed that the provisions of the primary election law
will be violated in the same manner as hereinbefore stated.

" We, therefore, respectfully request you to take such action
as may be within your power, to insure in advance a fair pri-
mary in the city of Coboes, which will better give effect to the
vote of the majority than will subsequent prosecutions of crimes
which may be committed.

" (Signed) JAMES B. BRENNAN,
JOHN J. RABBITT,
JAS. O'TOOLE,-
JOHN T. GORMAN,
THOMAS F. TIERNEY,
S. V. LEWIS."

Miscellaneous 371

Memorandum Filed by the Governor, October 5, 1910, in
Connection With the List of Changes Recommended in
the Salary and Wages Schedule of the State Charitable
and Reformatory Institutions to Take Effect October
1, 1910

Certain of these resolutions, on account of the special circum-
stances of the case, have been approved as shown by the ap-
proval endorsed thereon.

I have felt that in view of the amount of the State expendi-
tures, so largely in excess of what they have been, no further
increase should be made (save to meet an unusual exigency)
until the whole subject can have critical examination in the
preparation of the budget for next year.

Under the new law, requests for appropriations should be
filed with the State Comptroller on or before November 15th,
and it is understood that he has already issued a notice asking
that they be filed at an earlier date. It will be necessary that
there should be strict economy, and all the data presented to the
Comptroller will be the subject of careful study and tabulation
to the end that there may be a proper adjustment of expenses
in their relation to income. The charitable institutions may
. present their various requirements, and no doubt they will be
duly considered.

Before this is done and the whole situation properly dealt
with, I do not think that considerable increases through the
institutions should be allowed, and of course where an increase
is allowed in one institution, an increase of the same sort in
another could not justly be denied.

I am very much interested in having our public institutions
placed on a proper basis so that they can perform the work
which they were intended to do. But the condition of the
.State's finances at this time must also be recognized and the
question of estimated income, the possibility of reduction in
expenses,, as well as the necessities of State service must be the
subject of comprehensive investigation. This is to be accom-
plished, as has been said, .in the course of the preparation of
the new budget, and if it is found that increases can be per-
mitted, action can readily be taken at that time by the proper
authorities.

(Signed) CHARLES E. HUGHES.

2,J2 Public Papers of Governor Hughes

Appointment of a Commission to Investigate the Con-
ditions and Formulate Measures for Promoting a
More Normal Distribution of Population

Governor Hughes received letters from Hon. Theodore
Roosevelt, Hon. Adelbert Mott, Mr. Robert C. Ogden, Prof.
Liberty H. Bailey, Dr. Stephen S. Wise, Mrs. Florence Kelley,
Mr. John Mitchell, Mrs. V. G. Simkhovitch, Mr. V. Event
Macy and Mr. Albert A. Bird requesting him to designate' a
commission to investigate conditions and J:o formulate such
measures as might be found advisable for the purpose of pro-
moting a more normal distribution of population, the members
thereof to serve without compensation and to report their find-
ings and recommendations to the Governor and the State Legis-
lature by February i, 1911.

The Governor was also advised that as no State fund was
available for the expenses of the commission, the necessary
funds would be secured by those interested in. the proposed
inquiry.

Of the signers of these letters, Hon. Adelbert Moot, Prof
Liberty H. Bailey, Dr. Stephen S. Wise, Mrs. Florence Kelley,
Mr. John Mitchell, Mr. V. Everit Macy and Mrs. V. G.
Simkhovitch expressed their willingness to serve on the
commission.

Accordingly, in pursuance of this request, the Governor has
designated the following commission :

Hon, Adelbert Moot of Buffalo, former President of the

New York State Bar Association;
Hon. Lewis Stuyvesant Chanler of Barrytown, former

Lieutenant-Governor ;
Prof. Liberty H. Bailey of Ithaca, Dean of the State

College of Agriculture at Cornell University ;
Mr. John Mitchell of New York, of the National Civic

Federation ;
Mrs. Florence Kelley of New York, Secretary of the

National Consumers' League;
Dr. Stephen S. Wise of New York, Rabbi of the Free

Synagogue ;
Mr. V. Everit Macy of New York, financier;

Miscellaneous 373.

Mrs. V. G. Simkhovitch of New York, Head Resident of

Greenwich House;
Mr. Cyrus L. Sulzberger of New York, President of the

United Hebrew Charities;
Mr. Henry T. Noyes of Rochester, manufacturer ;
Dr. Antonio Stella of New York, physician; and
Mr. W. N. Giles of Skaneateles, Secretary of the State

Grange.

The Governor addressed to these appointees, the following
letter :

State of New York — Executive Chamber.

Albany, October 3, 19 10.
Dear Sirs and Mesdames:

I have received from Hon. Theodore Roosevelt, Hon. Adel-
bert Moot, Mr. Robert C. Ogden, Prof. Liberty H. Bailey,
Dr. Stephen S. Wise, Mrs. Florence Kelley, Mr. John Mitchell,
Mrs V. G. Simkhovitch, Mr. V. Everit Macy and Mr. Albert
A. Bird, letters in which it is stated :

" The concentration of about half of the population of
the State in New York City and three-quarters of the popu-
lation in half a dozen cities of the State, and the conges-
tion, overcrowded dwellings and poverty in these large
cities evidence a most unfortunate, and uneconomic devel-
opment of the State.

" Simultaneously with the rapid growth of these few
cities there has been an actual decrease in the rural popula-
tion of the State. From 1900 to 1905 (the last year for
which statistics are available) the population outside of
New York City and 461 incorporated cities and villages
in the State decreased 105,502, that is 13.20$. In
1909 over eleven-twentieths of all the workers in factories
in the State were located in New York City, where prac-
tically all of the tenement manufacture licenses for sweat-
shops are granted.

" We appreciate that the causes of the concentration are
extremely complex — social, economic and racial, but
believe that the poverty, delinquency and sickness which

374 Public Papers of Governor Hughes

the conditions create or foster are so serious that they
demand the most careful study and the formulation of a
practical State policy for the more normal distribution of
population over the State. We beg to ask, therefore,
whether you will not appoint a commission to investigate
the causes, and to formulate a constructive policy for this
distribution of population, the members thereof to serve
without compensation and to report their findings and
recommendations both as to measures and legislation to
the Governor of the State and the State Legislature by
February ist, 191 1.

" The scope of the inquiry should include the examina-
tion particularly in the small cities, villages and country
districts, of the housing conditions, rent and ownership of
homes, cost of farm lands and homes, cost of pro-
ducing, the educational conditions in the State, the nature
of instruction, especially agricultural and industrial, the
value of central schools,, the need for better roads and
other related matters."

I fully appreciate the difficulty of the problems to which the
signers of these letters refer and the importance of careful
study of existing conditions in order that remedies so far as
such may be available may be supplied. You are therefore re-
quested to act as a commission for the purpose of investigating
existing conditions and of formulating such measures to pro-
mote a more normal distribution of population as may be found
practicable and to report the result of your examination and
your recommendation to the Governor and the Legislature.

This designation it must be understood is informal and you
are not authorized thereby in any way to bind the State; and
as there is no appropriation available for this work, it will be
necessary for you to secure such funds for this purpose as may
be required.

I am sure, however, that your unselfish service without com-
pensation in the interest of humanity and to secure relief from
conditions which seriously affect the welfare of the people will
be gratefully recognized.

Very respectfully yours,
(Signed) CHARLES E. HUGHES.

XII
APPENDIX

I375i

XII

APPENDIX

Approval of Vouchers Presented by Commissioners of
Saratoga Reservation

March 25. Governor Hughes approved vouchers presented
by the Commissioners of the Saratoga Reservation at Sara-
toga Springs for the payment of $20,000 for a one-tenth in-
terest in the Hathorn property at Saratoga Springs, and also
for the payment of $6,250 for the purchase of one-fourth of
the lands of the Champion Springs property owned by the
Champion Natural Carbonic Acid Gas Company of Saratoga
Springs.

Transmission of Spanish War Warrant

March 29. Governor Hughes transmitted to Thomas B.
Dunn, State Treasurer, United States Warrant No. 18,911,
for the sum of $49,541.74, endorsed by him to the order of
the State Treasurer, in settlement of claim No. 130,780 (Third
Installment) of the State of New York, being reimbursement
for part of the ordnance issued by this State to its troops for
use in the war with Spain, and which part has riot been re-
placed by the United States.

Prison Ship Martyrs Monument Fund

April 5. Governor Hughes endorsed and transmitted to
State Treasurer Thomas B. Dunn a check drawn upon the
National Bank of Commerce by J. M. Dickinson, Secretary of
War and President of the Prison Ship Monument Commis-
sion, in the amount of $1,719.90, being the amount pro rata
returned to the State of New York from the balance remain-
ing on hand of the moneys raised for the building of the
Prison Ship Martyrs Monument.

[377]

378 Public Papers of Governor Hughes

Lafayette Monument Fund

April 12. Governor Hughes transmitted to State Treasurer
Thomas B. Dunn a check drawn by the Lafayette Memorial
Commission, E. A. Potter, Treasurer, upon the Continental
National Bank to the order of the State of New York for the
sum of $1,134.38, with voucher and blank attached, being a
return of the balance of the appropriation made by the State
of New York in 1899 as a contribution to the fund for the
erection in Paris, France, of a monument to Lafayette.

Deed of Gift for Sites of Fort Saint Frederic and Fort

Amherst

April 23. Governor Hughes transmitted to Clark Williams,
State Comptroller, a deed of gift or conveyance and an as-
signment of lease in perpetuity from the corporation of
Witherbee, Sherman & Company to The People of the State
of New York, of land in the town of Crown Point, Essex
county, New York, embracing the sites of Fort Saint Frede-
ric and Fort Amherst.

(The Governor, on April 22d, signed Assembly Bill No. 1689 — being
chapter 151 of the Laws of 1910.)

governor's letter.
State of New York — Executive Chamber.

Albany, April 22, 1910.
Hon. Clark Williams, Comptroller, Albany, N. ¥.:

Sir. — I have this day signed Assembly Bill No. 1689, en-
titled "An act to accept a deed of gift and an assignment of
lease in perpetuity, from the corporation of Witherbee, Sher-
man and Company to the people of the State of New York,
of land in the town of Crown Point, Essex county, New York,
embracing the sites of Fort Saint Frederic and Fort Am-
herst."

Appendix. 379

I hand you herewith the deed of gift or conveyance and the
assignment of lease in perpetuity, described therein, and exe-
cuted by Witherbee, Sherman & Company to the State of New
York under date of March 25, 1910.

Very respectfully yours,
(Signed) CHARLES E. HUGHES.

Deed of 14th Regiment Armory

April 22. Governor Hughes transmitted to Clark Williams,
State Comptroller, a deed approved by him from the People
of the State of New York to the City of New York, of the
old 14th Regiment Armory on Portland avenue, Auburn place
and Hampton street, Brooklyn.

governor's letter.
State of New York — Executive Chamber.

Albany, April 22, 1910.
Hon. Clark Williams, Comptroller, Albany, N. Y.:

Sir. — Pursuant to chapter 652 of the Laws of 1907, I
have executed a deed conveying to the city of New York a
parcel of land on North Portland avenue and Auburn place
in the borough of Brooklyn, city of New York, heretofore
used for military and armory purposes. I have already placed
in your hands warrant No. 1823, dated June 16, 1909, drawn
by the comptroller of the city of New York to your order for
the payment of $20,000 out of the city treasury as the con-
sideration for said property.

I now enclose copy of letter from the Attorney-General
under date of April 18, 1910, which I received with the said
warrant when the said deed was presented to me for execu-
tion, and also the following papers referred to in the said
letter :

380 Public Papers of Governor Hughes

(1) Copy of act, chapter 652 of the Laws of 1907.

(2) Original resolution of the Commission appointed under
said act signed by the mayor of the city of New York, the
comptroller of the city of New York, the president of the
board of education of the city of New York, the Deputy
Comptroller of the State of New York, and the Major-General
in command of the National Guard of the State of New York,
dated February 8, 1909.

(3) Original letter addressed to me by the comptroller of
the city of New York, dated March 1, 1909, transmitting the
report of said Commission.

(4) Certified copy of the minutes of the board of estimate
and apportionment of the city of New York, dated March 19,
1909.

(5) Certified copy of deed from the city of Brooklyn to the
People of the State of New York for the premises in question,
dated April 9, 1858.

I also enclose copy of the deed executed by me for filing in
your office, in accordance with the Attorney-General's sug-
gestion.

Very respectfully yours,

(Signed) CHARLES E. HUGHES.

Attorney-General's Letter.

State of New York — Attorney-General's Office.

Albany, April 18, 1910.

Hon. Charles E. Hughes, Governor, Albany, N. Y.:

Dear Sir. — I enclose form of deed which is approved by
me from the People of the State of New York to the city of
New York of the old 14th Regiment Armory on Portland
avenue, Auburn place and Hampton street, Brooklyn, for your
execution as Governor, pursuant to the provisions of chapter

Appendix 381

652 of the Laws of 1907. The Commission appointed by that
act, at a meeting held on February 8, 1909, resolved that as
a matter of equity and fairness the city of New York should
pay to the State the sum of $20,000 for a deed of said prop-
erty, which resolution was duly adopted.

I also enclose a warrant drawn by the comptroller of the
city of New York and countersigned by the acting chief clerk
for the mayor, for the payment of $20,000 out of the city
treasury to the Comptroller of the State of New York for the
purchase of said property, together with a copy of said act,
chapter 652 of the Laws of 1907; also original resolution of
the Commission appointed under the said act, signed by the
mayor of the city of New York, the comptroller of the city
of New York, the president of the board of education of the
city of New York, the Deputy Comptroller of the State of
New York and the Major-General in command of the State
of New York, dated February 8, 1909, together with original
letter to you of March 1, 1909, from the comptroller of the
city of New York transmitting the report of said Commission ;
also certified copy of the minutes of board of estimate and
apportionment of the city of New York, March 19, 1909; also
a receipt for the $20,000 to be signed by the State Comptroller
and delivered by him to the representatives of the comptroller
of the city of New York who now present said warrant. I
also hand you two copies of this proposed deed, one of which
should be filed in the Comptroller's office and the other sent
to the Secretary of State to be recorded in his office. I also
enclose a certified copy of the deed from the city of Brooklyn
to the People of the State of New York for the premises 1 in
question, dated April 9, 1858.

The warrant for $20,000 should be sent to the State Comp-
troller. Yours respectfully,

EDWARD R. O'MALLEY,

Attorney-General.

382 Public Papers of Governor Hughes

Report of Commission on New Prisons*

To the Governor and the State Commission of Prisons:

The Commission on New Prisons, appointed by the Gov-
ernor under chapter 670 of the Laws of 1906 and amendments
thereto, begs to report as follows:

Chapter 365 of the Laws of 1910 authorizes and directs
this Commission to select a new site upon which to establish a
State prison in the eastern part of the State to take the place
of Sing Sing instead of the site heretofore selected in the
counties of Rockland and Orange, and known as the Bear
Mountain site.

This law makes it the duty of this Commission to select a
site and. on the approval of the Governor and the State Com-
mission of Prisons, to purchase the same. It directs that in
the selection of such site due consideration shall be given to
water supply, facilities for drainage, and easy communication
by rail or water, or both, with the city of New York; such
site to consist of not less than 300 or more than 1,000 acres in
the southeastern part of the State.

In pursuance of the authority and direction of this law the
Commission on New Prisons hereby certifies that it has
selected for such new site for a State prison a tract of land
situated in the eastern part of Dutchess county, near the vil-
lage of Wingdale, on the Harlem R. R., 69 miles from the
Grand Central station, New York city.

This site was offered to the Commission by Robert C. Hurd,
of Pawling, and consists of three parcels of land, containing
in all between 525 and 550 acres.

The proposal recites these tracts contain 550 acres, but a
hurried survey by our engineer indicates only 532.43.

The agreed price is $100 an acre for whatever number of
acres the site may actually contain.

In selecting a site the Commission had before it a large
number of proposals presented at the time of the selection of
the Bear Mountain site, most of which were still open to con-
sideration and many of which the Commission had formerly

* Note. — See " Miscellaneous " for Governor's approval of site.

Appendix 383

visited. In addition to these a considerable number of new
sites were proposed, and these were carefully considered.

The above act excludes " Long Island." The Commission
determined, for various reasons, not again to select a site on
the immediate banks of the Hudson river, and therefore elimi-
nated all sites proposed along the Hudson.

The Commission also deemed it unwise to place this prison
within the territory from which New York city is drawing its
water supply. Partly for this reason and partly because of
the high price of land, a number of proposals for sites in
Westchester county was eliminated.

It is the judgment of the Commission that the site above
selected presents the following advantages :

First. It consists of a fertile farm, most of it under cultiva-
tion. The work of this farm will furnish healthful employ-
ment to a number of prisoners, and its products will somewhat
reduce the cost of maintenance.

Second. It is situated on the main line of a trunk railway
— the Harlem Division of the New York Central R. R. —
passing the farm from north to south near its eastern bound-
ary line, giving easy communication by rail with the city of
New York — 69 miles distant.

Third. It contains two or more level plateaus on which to
construct a prison plant, one near the railroad slightly above
the level of the road bed, affording easy facilities for side-
track and switches. The other on the high ground about 500
feet above the level of the railroad and about one mile
distant.

Fourth. Water Supply. — There is a brook running down
through this site from the highlands of the western part of
the site having its entire watershed upon the site. The Com-
mission had this water supply carefully investigated by a
competent engineer, who reported that 129,600 gallons per day
appeared to be about the normal flow of the stream. This
stream is at the bottom of a deep gorge, having its banks
heavily wooded, and is sufficiently precipitous to enable the
Commission to construct a storage basin capable of holding
more than five million gallons, and then to construct on a
higher elevation a series of such reservoirs.

384 Public Papers of Governor Hughes

The Commission ascertained from careful inquiry of old
residents who have known this stream for many years that it
never goes dry. The reservoirs in this stream would be of
sufficient elevation above the first plateau above mentioned to
furnish a gravity supply of water to a prison plant con-
structed on such plateau.

In addition to the brook above mentioned there is also an-
other brook on the western slope of this site, having an equal
flow of water which could be dammed and siphoned over the
divide into the brook on the western slope; in this way the
water supply first above mentioned would be doubled. In
addition to the above brooks, which contain absolutely pure
water out of springs and rivulets, Swamp river skirts the en-
tire western boundary of this site and would afford an inex-
haustible supply of water for mechanical purposes if needed.

Fifth. Drainage. — The principal area of this site slopes
toward Swamp river, affording excellent facilities for drain-
age and sewerage.

Sixth. Improvements. — The buildings on this site we esti-
mate to be worth not less than $20,000, and that it would cost
the State, at the present prices of material and labor, probably
double that amount to replace them ; and they can all be util-
ized to advantage.

This site has been chosen because, in the judgment of the
Commission, it fulfills all the requirements of the law above
recited; and the price agreed upon — $100 per acre — is
deemed reasonable.

The Commission therefore respectfully asks that its action
in selecting such site be approved.

Respectfully,
(Signed) E. M. JOHNSON,

C. V. COLLINS,
WM. J. McKAY,

Commissioners.

Dated June 6, 1910.
Attest :

Geo. McLaughlin,

Secretary.

Appendix 385

Second Report of Commission on New Prisons*

To the Governor and the State Commission of Prisons:*

The Commission on New Prisons, appointed by the Governor
under chapter 670 of the , Laws of 1906 and amendments
thereto, begs to present the following report, supplemental to
the report adopted June 6, 1910, and later approved by you,
certifying its selection of certain lands in the town of Dover
in the eastern part of Dutchess county as a new site for the
State prison to take the place of Sing Sing, under the provisions
of chapter 365 of the Laws of 1910.

When said report was presented to the Commission of
Prisons for approval at its meeting June 7, 1910, it was unan-
imously approved. In addition to approving the lands already
selected the commission also recommended that the Commis-
sion on New Prisons consider whether it would not be advisable
to acquire additional land on the east and south of the lands
described in said report, in order to secure more complete con-
trol of the brooks crossing the property and their headwaters.

The Commission on New Prisons thereupon immediately
caused an examination to be made of three tracts of land lying
south of the eastern end of the lands previously selected, viz.,
the remaining part of the Brown farm, consisting of 22 acres,
lying immediately south and adjacent to the Brown tract of
16.43 acres already selected; the Wilcox farm of 71 acres,
lying east of the 22 acres of the Brown farm and south of the
Martha W. Mead or Titus farm, and extending somewhat
further east than the Titus farm and including not only addi-
tional portions" of the brook on the eastern end of the site, but
also a considerable portion of the stream constituting the out-
flow of Hammersley lake; also' the Duell farm of 82 acres,
lying south of the Wilcox and Brown farms and embracing
additional sections of the streams flowing out of Hammersley
lake.

The Commission on New Prisons on or before its meeting
of June 9th received proposals for these farms as follows :

* Note. — See " Miscellaneous " for Governor's approval of site.
13

386 Public Papers of Governor Hughes

Brown farm 22 acres — $100 per acre.

Wilcox farm 71 " — 90 "

Duell farm 82 " — 8$ " "

After due consideration by the commission on June 9, 1910,
the following resolution was adopted :

Resolved, That it is the judgment of this commission that
we purchase, in addition to the lands mentioned in the report
heretofore made to the Governor, a small tract of land known
as the Brown place, consisting of 22 acres adjoining the site
on the south, and another tract known as the Wilcox" farm,
consisting of 71 acres and adjoining the east end of the site on
the south. This would give access to the stream which con-
stitutes the overflow of Hammersley lake, a stream discharging
at the present time over a million gallons of water a day, water
of excellent quality, and would make the water supply on this
site beyond question — the purchase of these additional lands
having also been recommended by the Commission of Prisons.

These farms had been carefully examined by the architect
for the commission, William H. Beardsley, and by Mr. Ogden
of Poughkeepsie, a competent engineer, previous to the meeting
of June 9th and a verbal report submitted at that meeting.
Later Mr. Beardsley submitted a written report, dated June
14, 1910.

It is the judgment of the Commission on New Prisons that
the Brown farm of 22 acres and the Wilcox farm of 71 acres
above mentioned should be added to the lands mentioned in the
former report of the Commission, dated June 6, 1910, as a part
of the site for this new prison.

While these additional lands are desirable, in order to protect
and enlarge the water supply for the prison, they are also desir-
able because they consist for the most part of improved lands,
having on each of them a dwelling house, barn, and other im-
provements, all of which can be utilized by the State. The addi-
tional cost of these lands will be $8,590.

The Commission on New Prisons therefore requests the ap-
proval of the Governor and the State Commission of Prisons of

Appendix 387

the selection of these additional lands as part of the site for the
State prison to take the place of Sing Sing.
Dated, June 25, 1910.

(Signed) ELISHA M. JOHNSON,

C. V. COLLINS,
WM. J. McKAY,
JOHN C. WEST,
GEORGE S. SKIFF,

Commissioners.

Report of Commission on State Farm for Women*

Albany, November 16, 1909.
Hon. Charles E. Hughes, Governor, Capitol, Albany, N. Y.:
Sir. — The undersigned, the Commissioners appointed under
chapter 467 of the Laws of 1908, entitled "An act to establish a
State Farm for Women, and making an appropriation therefor,"
report that they have selected a farm of approximately three
hundred acres, owned by Mr. Willis A. Winne, located near
Niverville in Columbia county, for the price of $11,500, and on
your -approval will purchase the same for the purposes and uses
specified in said act and in accordance with its provisions.
We therefore respectfully ask your approval of said selection.
C. V. COLLINS,
CHAS. F. HOWARD,
SIMON W. ROSENDALE,
ELIZA W. GUY,
JANE L. ARMSTRONG,

Commissioners.

New York, September 6, 1910.

Hon. Charles E. Hughes, Governor of the State of New
York :
Sir. — In accordance with an act of the Legislature of the
State of New York, passed February 17, 1909, the Committee

* See " Miscellaneous " for Governor's approval of site.

388 Public Papers of Governor Hughes

of North Carolina Bondholders, consisting of Henry H. Mel-
ville and Louis E. Whicher, hereby tenders to the State of
New York as an absolute donation obligations of the State of
North Carolina in amounts from Five Thousand Dollars
($5,000) of bonds to Five Hundred Thousand Dollars ($500,-
000) of obligations, the amount thereof receivable being in
your discretion under the statute.

(Signed) E. L. ANDREWS,

Attorney for Committee.

Second Letter

New York, September 6, 1910.

Hon. Charles E. Hughes, Governor of the State of New
York :

Dear Sir. — The novel phases in which the subject at bar is
presented in the accompanying pamphlet must palliate this ap-
plication.

In addition to the grounds there set forth under the act of
1909 for recognizing the vitality of the statute, some considera-
tions have more recently occurred to the applicants.

As we are reviewing the entire bearing of the legislation at
bar — to establish grounds for not treating it as if it had never
been enacted — it is proper to estimate its public effects in their
broadest aspects. The most comprehensive and important result,
arising from its enforcement, would be to extirpate repudiation
from the whole body politic of the federated States. With such
execution of our statute, these unconstitutional adventures
would cease to be profitable and would therefore fall into
desuetude. This consummation would reinstate in practice the
constitutional condition against the impairment of contracts
imposed upon the States — presumptively for their own bene-
fit as well as for the benefit of the States that obey the Con-
stitution by refraining from repudiation. Certainly such a
result would be deemed by the Executive a great civic
accomplishment.

Appendix 389

All taint upon the public credit of the country would thus be
eradicated. For such a cause as the maintenance and advance-
ment of public credit the administrative department of the
government of New York could not be more worthily enlisted.
Very respectfully,

(Signed) E. L. ANDREWS.

Reply of Secretary to the Governor

State of New York — Executive Chamber.

Albany, October 3, 1910.

Mr. E. L. Andrews, Counsel to North Carolina Bondholders,
25 Broad St., New York City:

Dear Sir. — Governor Hughes directs me to acknowledge
the receipt of your letters of the 6th and 30th ultimo, together
with your offer to donate to the State of New York bonds of the
State, of North Carolina in amounts from five thousand to five
hundred thousand dollars, and your pamphlet with respect to
proposed action by this State upon bonds of other States said to
be in default.

Three years ago an offer to give to the State of New York
bonds of North Carolina was refused by the Governor upon the
grounds stated in his letter of November 14, 1907, as follows :

" Under the Constitution of the United States the State
of North Carolina is not subject, without its consent, to
suitby citizens of New York or by the State of New York
acting for the benefit of its citizens to whom the former
State may be indebted. Suit can properly be brought by the
State of New Yoik not as a representative of individual
owners of bonds of North Carolina, but as the holder of the
absolute title comprehending both the legal title and the
right to beneficial enjoyment. It does not seem to the
Governor proper that such a title should be asserted, and
that by virtue thereof suit should be brought in the name of
the State of New York, which is intended as a cover for the

39C Pjblic Papers of Governor Hughes

claims of individual bondholders, or to force settlement
with them.

"And, assuming that the proceeding is exclusively for the
benefit of the State of New York, the Governor does not
believe it to be wise policy for the State to attempt to en-
rich itself by taking gifts of claims to be prosecuted against
sister States."

The act of February 17, 1909, to which you refer, simply
placed in its appropriate place in the Consolidated Laws, the
law which existed at the time of your former offer, and no new
question is now presented. The Governor sees no reason to
change his conclusion in the matter.
Very truly yours,
(Signed) GEORGE CURTIS TREADWELL,

Secretary to the Governor.

INDEX

[39J ]

INDEX

PAGE

Abbott, Lawrence F., appointed delegate 268

Adirondack park, proposed, area of 19

Adjutant-General, appointment 250

veto of bill relating to battle flag of Twelfth Regiment of

New York State Volunteers 113

Adler, Charles S 255

Adulteration or misbranding of food and food products, veto of bill 220
Advisory Board of Consulting Engineers, appointment of member. 258

Agar, John G., appointed delegate 268, 274

Agricultural Experiment Station, veto of appropriation for... .123, 164
Agricultural law

bill amending 247

bill amending approved 225

veto of bills amending 210, 213, 215, 218, 220

Agriculture, recommendations in annual message , 26

Agriculture, Department of, veto of approriation for 131, 135

Agriculture, schools of, veto of appropriation for 124, 163, 175

Agriculture, State School of, at Morrisville, appointment of trustees 254

Albany, lands for a public park, veto of bill relating to 185

Albany armory, veto of appropriation for 123, 156

Albany county, letter to sheriff on enforcement of primary elec-
tion law. .• 368

Supreme Court, proceedings relating to acts of State Engineer

and Surveyor 287

Albany, New York State Normal College, veto of appropriation

for 123, 155

Alden, Carlos C, resignation as counsel to the Governor 250

appointment on Uniformity of Legislation Commission 257

Aldrich, H. G., appointed delegate 275, 276

Alexander, Jastrow, veto of appropriation for 146

Alfred University, school of clay workings and ceramics, veto of

appropriation for 132

Aliens within the State, conditions of, recommendations in annual

message 3°

Allds, Jotham P., resignation as Senator 6

Allen, Gorton E., appointed delegate 271

Allen, H. Putnam, appointment 261

Allen, Thomas Warren, appointed delegate 271, 277

[393]

394 Index

PAGE

American Automobile Association, appointment of delegate to Na-
tional Legislative Convention of 269

American Mining Congress, appointment of delegates to conven-
tion of 276

American Museum of Safety, veto of bill incorporating 149

American Prison Association, appointment of delegates to congress 271

Amsterdam, veto of bill amending acts relating to 186

Andersonville Prison Monument Commission, appointment of

members 252

Appleby, Heory O., appointment 255

Appointments

Adjutant-General 250

Advisory Board of Consulting Engineers, member 258

Agriculture, State school of, at Morrisville, trustees 254

Andersonville Prison Monument Commissioners 252

Banks, Superintendent of 255

Bronx Parkway Commission, member of 251

charitable institutions, managers and trustees 263

Charities, State Board of, commissioners 254

Cornell 1 University, trustees 258

county positions ' 252, 259

Court of Appeals, associate judge 267

Craig Colony for Epileptics, managers 264

embalming examiners, members of board 252

Fiscal Supervisor of State Charities 254

Forest, Fish and Game Commissioner 251, 305

Governor, counsel 250

Governor, secretary 250

Hellgate Pilot , 258

honorary 268

judicial " 267

Legislation, Uniformity of, Commissioner 257

Letchworth Village, managers 266

Loan Commissioners 259

Lunacy, State Commissioner in 254

Military Secretary 250

New Prisons, members of Commission on 251

New York State Agricultural Experiment Station, trustee 250

New York State Hospital for the Care of Crippled and De-
formed Children, manager 263

New York State Hospital for the Treatment of Incipient Pul-
monary Tuberculosis, trustees 263

New York State Reformatory for Women, managers 267

New York State Soldiers and Sailors' Home, trustee 266

Index

395

Appointments — Continued page
New York State Training School for Boys, member of com-
mission to acquire site for 250

New York State Training School for Girls, managers *. 264

New York State Woman's Relief Corps Home, manager 267

Onondaga Indians, agent 255

Palisades Interstate Park Commissioners 257

Perry's Victory Centennial Commission, members of 251

Port Wardens 255

Prisons, Commissioners 256

Probation Commissioners 25T

Public Service Commissioners 256

reformatories, managers 267

Rome State Custodial Asylum, manager 265

Saratoga Springs, State Reservation at, commissioners 258

State Agricultural and Industrial School, managers 265

State Custodial Asylum for Feeble-Minded Women, managers 265

State Fair Commissioners 256

State Hospitals, managers 259

Supreme Court Library at Troy, trustees 253

Supreme Court Library at White Plains, trustee 2.33

Syracuse Institution for Feeble-Minded Children, manager 265

Tax Commissioner 257

' Washington's Headquarters, trustees •. . 257

Water Supply Commissioner 258

Western House of Refuge for Women, managers 264

Appropriation bill, emergency message 248

veto of items in 123, 127

Appropriation for expenses of extraordinary session, bill relating to 248

Appropriations, statement of 122

systematic, recommendations in annual message 40

See also Supply bill

Architect, State, veto of appropriation for 133

Armories, veto of appropriations for 123, 156

Armory Commission, veto of appropriation for 138

Armstrong, Alfred W., appointment 253

Armstrong, Jane L., reappointment as manager of House of

Refuge for Women 264

appointed delegate 270

Arnot Art Gallery, veto of bill incorporating 149

Atlantic Deeper Waterways Association', appointment of* delegates

to convention 273

Attorney-General

designation to conduct proceedings against John Welz and
George L. Glaser 282

396 Index

Attorney-General — Continued page

designation to conduct proceedings at term of Supreme Court,

Schenectady county 283

designation to conduct proceedings in Monroe county, concern-
ing violations of Election law 284

designation to conduct proceedings in Dutchess county, relating

to insurance companies 285

designation to conduct proceedings in Albany county, relating

to acts of State Engineer and Surveyor 287

designation to conduct proceedings relating to officers of

Queens county 288

salary, bill relating to, approved 240

to bring actions to cause abatement of alleged nuisance in

Richmond county 314

veto of appropriation for 127, 133, 134

Auburn, bill amending charter approved 239

veto of bill amending charter 213

Auburn Prison, veto of appropriation for 180

Auerbach, Rubin, proceedings for removal of 3 2 5

order of removal 33 1

Austin, H. Leroy, appointment of, to investigate management and

affairs of Forest, Fish and Game Commission 301

appointment on Forest, Fish and Game Commission 251, 305

appointment as district attorney of Greene county 252

Automobiles, recommendations in annual message 43

bill relating to .• 246

Bail, veto of bills relating to 215, 216, 218

Bailey, Liberty H., appointed delegate to Dry Farming Congress . . 275

appointed delegate to National Irrigation Congress 275

appointment on commission to investigate congestion of pop-
ulation 277

Bainbridge, Chenango county, school of agriculture; veto of appro-
priation for 124, 163

Baker, Benjamin, appointed commissioner to examine witnesses on

charges against Luke J. McEvoy : 308

Baldwin, George D., application for cancellation of tax sale, veto

of bill 191

Baldwin, Joseph C, Jr., appointment 250

Ballentine, James H., pension, veto of bill 207

Ballots, recornmendations in annual message 29

Ballston lake, veto of appropriation for removing obstructions.... 144

Banking law, veto of bill amending 214

Banks, Superintendent of, appointment 255

Bannard, Otto T., appointed delegate 269

Index 397

PAGE

Barge canal, compensation of certain employees, veto of bill re-
lating to ig$

recommendations in annual message *. . 25

Barrett, Joseph, deceased 267

Barrett, William G., appointment 267

Barrows, Samuel J., deceased 251

Barry, William C, appointed delegate 276

Bartlett, Edward J., deceased 267

Bates, Lindon, Jr., appointed delegate 274

Bathrick, Wesley, reappointment 259

Bausch, William, reappointment 265

failure to qualify 265

Bayne, Howard R., appointed delegate 268, 274

Bayonne, declaration of a public nuisance in) city of 314

Bean, Tarleton H., appointed delegate 270

Beckett, Therese S., proceedings for removal of 299

order of removal 300

Beckwith, George E., appointment 255

Bell, John, transferred to Dannemora State Hospital for Insane

Convicts 346

Bergholz creek, veto of appropriation for cleaning out 144

Bier, Isaac, proceedings for removal of 32s, 326, 327, 329

order of removal 332

Binghamton State Hospital, appointment of managers 259

veto of appropriation for 139, 167

Black River canal, veto of appropriation for improvement. . ..123, 173

Blackmon, Fred J., reappointment 262

Blake, Michael H., appointment 255

Blum, Edward C., appointment 251

Bolton, Annie G, deceased 254

Bonds of the State, bill providing for issue of 246

Bondy, William, appointed delegate 274

Bookmaking 43

Borsig, Herman, Jr., proceedings for removal of 325, 326, 327

dismissal of charges 330

Bosworth, Frank A., appointment as trustee 263

Bosworth, Frank M., resignation as manager of State hospital 261

Bowser, Charles, reprieved 344

Bradt, Henry 255

Bfaun, Marcus, appointment 255

Brennan, John T., reappointment 253

Bresloff, Charles, proceedings for removal of 325, 326, 328

dismissal of charges 330

Brewster, Harry L., appointed delegate 271

Briarcliff Manor, boundaries of village, veto of bill 218

398 Index

PAGE

Briggs, Franklin H., appointed delegate 272, 273

Brockway, Z. R., appointed delegate 272, 273

Bronx Parkway Commission, appointment of member 251

Brooklyn, borough of, see New York

Brooklyn armory, veto of appropriation for 156

Brouwer, George H., commutation of sentence 343

Brown, H. L., appointed delegate to Dry Farming Congress 27s

appointed delegate to National Irrigation Congress 275

Brown, John S., Jr., appointed delegate 271

Brown, William C, appointed delegate 269

Bruce, Hortense V., appointed delegate 270, 272, 273

Budget-making and economy, recommendations in annual message. 39

Buffalo, veto of bill amending charter 208

Buffalo, Lake Erie & Niagara Railroad Company, veto of appro-
priation for refunding taxes 146

Buffalo State Hospital, appointment of manager 260

veto of appropriation for 139, 167

Buildings, restrictions upon heights, etc., veto of bill 214

Bulkley, William L., appointed delegate 271

Burdick, Silas G., appointment 252

Burial and burial permits, veto of bill relating to 216

Burns, Cornelius F., reappointment 252

Business law, bill amending 247, 248

veto of bill amending 215

Butler, Edmond J., appointment 251

Butler, Nicholas Murray, appointed delegate 268

Butterfield, Warren, veto of appropriation for 148

Campaign expenditures, recommendations in annual message 31

Lanal survey, veto of appropriation for 123

Canals, appropriation for payment of judgments of Court of

Claims, veto of bill 209

recommendations in annual message 25

Canfiel'd, George F., appointed delegate 272, 273

Canton, State School of Agriculture at, veto of appropriation for. 17s

Capital punishment, veto of bill relating to 215

Capitol, veto of appropriation for repairs 143

Carlisle, John N., appointment as Public Service Commissioner. . . . 256

reappointment as trustee of Cornell University 259

Carlson, Samuel A., appointed alternate delegate 274

Carnegie, Andrew, appointed delegate 268

Carpenter, Frank L., deceased 259

Carr, William J., temporary designation as associate justice 281

Carter, Milton, appointment 268

Cary, Julia M., appointment 262

Index

399

PAOE

Case, B. J., appointed delegate to Dry Farming Congress 275

appointed delegate to National Irrigation Congress 275

Catchpole, E. W., appointed delegate 276

Catskill park, proposed, area of 19

Cayuga creek, veto of appropriation for cleaning out 144

Cayuga Nation of Indians, adjustment of claim of 366

Central Islip State Hospital, appointment of managers 260

veto of appropriation for 160,

Champlain, Lake, ferry across, veto of bill establishing 216

Chanler, Lewis Stuyvesant, appointment on commission to inves-
tigate congestion of population 277

appointed delegate , 274

Charitable institutions

increase in appropriations 125

managers and trustees, appointments 263

recommendations in annual message 38

salary and wages schedule, memorandum relating to 371

veto of appropriations for 124, 17S

veto of bill relating to 150,

Charities, State Board, appointment of commissioners 254

Charities and Correction, National Conference of, appointment of

delegates 269

Chautauqua county, appointment of special surrogate 267

Chemistry, International Congress of Applied Chemistry, appoint-
ment of member of organizing committee 277

Chemung county, coroner, appointment 253

sheriff, proceedings for removal of 319

order dismissing charges 320

Governor's opinion 320

Chemung river, veto of appropriation for dike 144

Cheney, Orion Howard, appointment 255

Cheney, Walter W., reappointment 265

Choate, Joseph H., appointed delegate 272, 273

Christman, Eli, application for cancellation of tax sale, veto of bill. 191

City bills not accepted by the cities in question 205

Civil proceedings, veto of bill relating to 211

Civil Procedure, Code of, see Code of Civil Procedure

Civil Service Law, bill amending approved relative to tenure of

office of veterans 223

veto of bill amending 187

Claims, Court of, see Court of Claims

Clark, J. A., veto of appropriation for 146

Clark, John C, appointment 263

Clark, L. Pierce, reappointment 26ft

4-00 Index

PAGE

Clark, Roger P., appointment as counsel to the Governor 250

appointment to investigate management and affairs of Forest,

Fish and Game Commission 301

letter from 337

Clarke, John Proctor, redesignation as associate justice 282

Clearwater, Alphonso T., reappointment 251

Clinton, George, appointed delegate 273

Clinton prison, veto of appropriation for 180

Cobb, George H., appointed delegate 274

Cobleskill, Schoharie county, school of agriculture, veto of ap-
propriation for 124, 163

Code of Civil Procedure, veto of bills amending

actions to recover real property 194

appeal to Court of Appeals 119

City Court, attendance at 207

claims against decedent's estates 214

court interpreters 206

distribution of damages recovered 215

docket books 182

exemptions and executions 217

judgments 218

notice of proceedings to appoint special guardian 217

payment of money into court 220

personal service of summons upon infants 218

satisfaction of judgment 217

security upon sale by referee 218

service of summons 216

witnesses, examination of 217

witnesses to wills, examination of 217

Code of Criminal Procedure, veto of bills amending 215, 216, 218

Cohoes, enforcement of Primary Election law 368

Coleman, Gilbert, application for executive clemency denied 358

Collin, Frederick, appointment 267

Collins, Cornelius V., appointed delegate 271, 272

Colton, Thomas J., reappointment 266

Columbia county, sheriff, veto of bill relating to 214

Corman, Henry B., designation to hold extraordinary Trial Term. . 293
Commissioner, .school, see School Commissioner
Commissions and departments, see specific names of

Commutations 341

Brouwer, George H 343

Koerner, William J 342

Lewis, Floyd ' 341

Luchowitz, Norman 343

Massario, Guiseppe 341

Index 401

Commutations ■ — Continued page'

Newton, Adolphus 342

Thompson, DeWitt B 342

Comptroller, salary, bill relating to, approved .....* 240

veto of appropriations for 129, 130, 135

Congressional district, 32d, proclamation ordering special election

in. ■ 5

Consolidated laws, bill providing for publication 248

Constitutional amendments, recommendations in annual message.. 31

Cook, Robert G., appointment : 264

Cooper, Robert J., appointment : 267

Cornell University, appointment of trustees 258

New York State College of Agriculture, veto of appropriation

for 132

School of Sanitary Science, veto of appropriation for 123, 164

Corning, garbage incinerating plant, veto of bill authorizing bond

issue 208

Corporations, transfers of shares of stock in, veto of bill relating

to 193

Corthell, Elmer L., appointed delegate 271

Cortland county, county clerk, proceeding® for removal of 307

order dismissing charges 309

Counsel to the Governor, appointment 250

letter from 337

County clerks, docket books, veto of bill relating to 182

County law, veto of bills amending 214, 215

County treasurers, increase in appropriation for advances to 126

Court designations 281

revoked 282

Court of Appeals, appeal to, from Appellate Division of Supreme

Court, veto of bill relating to 119

appointment of associate judge 267

Court of Claims, appropriation for payment of judgments, veto of

bills 209

veto of appropriation for 127

veto of bill relating to claim of John M. Shultz 118

Court, Supreme, see Supreme Court

Courtney, Robert T 255

Courts, recommendations in annual message 45

veto of bill relating to 211

Courts of criminal jurisdiction in the city of New York, bill re-
lating to, approved 233

veto of appropriations for commission to inquire into 147

Cox, Edward, appointed delegate '. 271

Coxe, Marietta D., resignation 261

Craig, Thomas L., appointment 253

4-02 Index

PAGE

Craig Colony for Epileptics, appointment of managers 264

veto of appropriation for 178

Criminal Procedure, Code of, see Code of Criminal Procedure

Cromwell, David, appointment 267

Crossett, Frederick Melvin, appointment 250

Crown Point, gift of land at 78, 378

Curtin, Alice, appointed delegate 272, 273

Daniels, Annie E. C, reappointment 261

Dannemora State Hospital for Insane Convicts, veto of appropria-
tion for 180, 181

Davis, Katharine B., appointed delegate 270, 272, 273

Day, T. Stanley, proceedings for removal of 319

order dismissing charges 320

Governor's opinion 320

Decedent's estates, ascertainment of claims against, veto of bill. . . . 214

Decker, Martin S., reappointment 256

DeForest, Robert W., appointed delegate 269, 270, 272, 273

Delaware county, coroner, appointment 253

county clerk, appointment 253

Delaware river dikes, veto of appropriation for 123, 174

Delhi, Delaware county, agricultural school, veto of appropriation

for 124, 163

Denniston, Augustus, appointed delegate to Dry Farming Congress. 275

appointed delegate to National Irrigation Congress 275

Dental Society, State, payment of fines to, veto of bill 190

Departments, sec specific names of

Designations, court 281

Devine, Edward T., appointed delegate 269

Devins, John B., term expired 263

DeWitt, Jerome, resignation 259

Dey, ■ Robert, resignation 265

Diehl, George C, appointed delegate 271

Dillingham, Harriet A., resignation 262

Direct nominations, recommendations in annual message 31

See also Primary elections
District superintendent of schools, bill creating office approved... 232

Docket books, veto of bill relating to 182

Dolson, Charles A., veto of appropriation for 134

Domestic Relations law, veto of bill amending 217

Donnelly, William T., appointed delegate 273

Donovan, Patrick M., resignation 253

Doolittle, Mary I., appointment 261

Dowling, Victor J., designation as associate justice 281

Draper, Andrew S., appointed delegate 274

Index 403

PAGE

Drugs, sale of, recommendations in annual message 27

Dry Farming Congress, appointment of delegates to t 275

Dunham, George E., appointed delegate 270

Dutchess county, Supreme Court, proceedings relating to officers

of insurance companies 285

Dutton, E. Q., appointed delegate 276

Dwelle, Emmett C, reappointment 262

I

Earl, Robert, appointed delegate 271, 277

Eastabrook, William N., reappointment 267

Eastern New York Reformatory at Napanoch, veto of appropria-
tion for 177

Eastman, Almon R., appointed delegate to Dry Farming Congress. 275

appointed delegate to National Irrigation Congress 275

reappointment as trustee of Cornell University 258

Education building, appropriations for 126

Education Department, veto of appropriation for 140

Education law, bill amending, approved 232

bill providing for publication 248

veto of bills amending 161, 214, 216

Eidlitz, Otto M., appointed delegate 269

Election law, bill amending, emergency message 248

bill amending, message to extraordinary session 248

veto of bills amending 149, 205, 213, 214, 220

violation of, in Monroe county, Attorney-General to conduct

proceedings 2 °4

Elections, recommendations in annual message 28

Superintendents of, veto of appropriations for 140

See also Primary elections

Embalmers, licensing, veto of bill 220

Embalming examiners, appointment of members of board 252

Emergency messages, see Messages, emergency

Emerson, Charles P., appointment 265

Emerson, George D., appointment 251

Emerson, Mrs. William, Jr., appointed delegate 272, 273

Employees, see State employees

Employers' liability, recommendations in annual message 36

bill relating to, approved 2 3S

Employment agencies, bills relating to 2 47, 2 48

Engineer and Surveyor, State, court proceedings relating to acts of. 287

salary, bill relating to, approved 2 4°

veto of appropriation for !30, I3S> !3°

Enterprise Land Company, veto of bill relating to 216

Erie canal, bill making an appropriation for bridge over, at Rome,

approved ; •>

Erie county, payment of money to towns of, veto of bill 19 2

404 Index

PAGE

Execution of criminals, veto of bill relating to 215

Executive law, bills amending approved ■ 240, 241

Extradition cases 347

Extraordinary Session

proclamation convening the Legislature in 6

bill making appropriation for expenses 248

message to 94

message recommending an appropriation for expenses of no

message, emergency, to 248

Fair, State, see State Fair

Farley, William W., appointment '. 259

Farmers' Institutes, veto of appropriations for 131

Farmers' National Congress, appointment of delegates 276

Fennell, Thomas F., appointed delegate 269

Ferris, Albert W., appointed delegate 270, 272, 273

Fetter, Frank A., appointment 254

Financial condition of the State, message recommending considera-
tion of, and means of providing additional revenue 100

Financial statement, annual message n

Finesilver, Aaron, proceedings for removal of 325, 326

Finley, John H., appointed delegate 274

Fippen, Elmer O., appointed delegate to Dry Farming Congress. . 275

appointed delegate to National Irrigation Congress 275

Fire Island park, veto of appropriation for 123, 171

Fiscal Supervisor of State Charities, appointment 254

veto of appropriation for 129, 136, 140

veto of appropriations for State institutions reporting to 176

Fish hatchery, Bemus Point, veto of appropriation; for 123, 154

Flexner, Mary, appointment 262

Floyd-Jones, Anita, appointment 260

Folks, Homer, appointed delegate 270, 272, 273

Food and food products, adulteration or misbranding of, veto of

bill 220

veto of appropriation for enforcing Pure Food law 124, 153

Forest, Fish and Game Commission

appointment of Commissioner 251, 305

investigation of management and affairs of 301

investigation, letter from Speaker Wadsworth to Governor

concerning 304

resignation of James S. Whipple, as Commissioner 302

veto of appropriation for 127, 136, 137, 141

Forest, Fish and Game law, bill amending 248

bill amending, approved 233

veto of bills amending 210, 211, 213, 216

Index 405

PAGE

Forest preserve, recommendations in annual message 19

Forest Purchasing Board, investigation of management and

affairs of 301

Forestry, College of, Syracuse University, veto of appropriation

for 164

Fornaro, Antonio, reprieved 345

Fort St. Frederick and Fort Amherst, gift of land comprising

site of , 78, 378

Fosdick, Raymond B., letter of, relating to officials and employees

of Queens county 290

Foster, Isaac M., appointment 252

Franklin county, county treasurer, appointment 259

Fredonia Normal School, veto of appropriation for 123, 155

Friedman, Samuel S., proceedings for removal of 325, 326

order of removal 331

Fuller, Robert H., resignation as Secretary to the Governor 250

appointment as Water Supply Commissioner 258

Fulton county fair grounds, veto of bill authorizing purchase 216

Gambacorta, Luigi, reprieved 344

examination as to sanity 358

removal to Dannemora Hospital for Insane Convicts 359

Gambaro, Guiseppe, application for executive clemency denied. 360

Game law, veto of bill amending 210

Gardiner, Asa Bird, veto of appropriation for 134

Gardner, William A., appointed delegate 269

Gas Meters, State Inspector of, veto of appropriation for 146

Geneva Armory, veto of appropriation for 123, 157

Gettysburg, battle of, appointment of representative at celebra-
tion of anniversary of 274

Gibson, Charles, appointment 263

Gilbert, Fitch, Jr., reappointment 254

Giles, W. N, appointment on commission to investigate congestion

of population 277

appointed delegate to Dry Farming Congress 275

to National Irrigation Congress 275

Glaser, George L., proceedings against 282

Glenn, John M., appointed delegate 272, 273

Godfrey, Frank N., reappointment as Commissioner of State Reser-
vation 258

appointed delegate to Dry Farming Congress 275

to National Conservation Congress 274

to National Good Roads Convention 277

to National Irrigation Congress 275

Good Roads Congress, appointment of delegates to 271

4°6 Index

PAGE

Gould, Helen M., appointment as State Hospital Manager 263

appointed delegate 272, 273

Gould, Norman J., appointed delegate 271

Governor, resignation of no

counsel, appointment 250

letter from 337

secretary, appointment 250

letter from 389

Gowanda State Homeopathic Hospital, appointment of manager.. 262

veto of appropriation for 168

Grace Methodist Episcopal Church, Xew York, veto of bill chang-
ing name of 117

Grade Crossings, amount allowed for 126

veto of appropriation for abolition 145

Granger, William D 260

appointment 262

Grant, Donald, claim, veto of bill 191

Gravesend, bill relating to redemption of certain lands, approved. 240
Great Meadow prison, appropriation for 181

veto of certain appropriations for maintenance 115

Greater New York, see New York

Greene county, district attorney, appointment. 252

Gresser, Lawrence, proceedings for removal of 333

Griffith, Georgianna S., reappointment 267

Griffith, Lewis E., veto of appropriation for 148

Gunner, John H., reappointment 256

Hall, Benjamin E., reappointment 257

Hamilton, Charles M., appointed delegate 274

Hamilton county, application for cancellation of tax sales,

veto of bill 191

Hand, Richard L., reappointment 254

Harbor terminals in the port of New York, veto of appropriation

for 162

Harriman, Mrs. Edward H, gift for State park 14

correspondence relating to 47

Health Commissioner, report in regard to public nuisance in

Bayonne 314

veto of appropriation for 141

Healy, Timothy, appointed delegate 269

Hebberd, Robert W., appointed delegate 270

Hellgate Pilot, appointment 258

Hemingway, Charles H., appointment 255

Henry, Nelson Herrick, retired 250

Index

407

PAGE

Herkimer, Gen. Nicholas, veto of appropriation for purchase of

house 123,154

Herrick, Clifton Bradford, appointment * . . . 252

Herring, Charles, deceased 253

Heuvelton, veto of bill relating to erection of town house 219

Hewitt, Kathryn I., appointed delegate 272, 273

Heydecker, Edwin L., appointed alternate delegate 274

Highlands park, gifts for establishing 15

correspondence relating to gifts for 47

Highway Department, compensation of certain employees, veto of

bill relating to 195

veto of appropriation for 138

Highway law, bill amending 246

bill amending, approved 243

veto of bills amending 210, 213, 217, 220

Highways, progress in construction and improvement 25

increase in appropriations 126

Hines, Michael 255

Historian, see State Historian

Hoe, Annie D., appointment 262

failure to qualify 262

Hoffman, William C, reappointment as policeman, veto of bill.... 206

Hoffstot, Frank N., application for rendition of 347

Hogan, John W., appointment 254

Honorary appointments 268

Hooker Samuel P., appointed delegate 271, 277

Horton, J. Walworth, appointment 258

Hospitals, frauds upon, veto of bill amending Penal Law 213

Hough, Charles M., appointed delegate 272, 273

Houghton, James W., designation as associate justice 281

designation revoked 282

Howard, Charles F., appointed delegate . .' , 270

resignation as member of Commission on New Prisons 251

resignation as Commissioner of Prisons 256

Huddleston, John Henry, appointment 263

Hudson River State Hospital, appointment of managers 260

veto of appropriation for 166

Hulberg, Frederick, reappointment 252

Humphrey, Onias J., appointed delegate 271

Huntington, Francis C, reappointment as Commissioner of Prisons. 256

appointed delegate to congress of American Prison Associa-
tion 272

to International Prison Congress 272

to National Conference of Charities and Corrections 270

408 Index

page
Hyde. Park and Poughkeepsie, trustees of school district number
three, veto of appropriation for 148

Immigration, Bureau of, veto of appropriation for 128

Income tax, special message submitting resolution of Congress on. 71

Indian law, 'veto of bill amending 214

Industrial accidents, recommendations in annual message 36

bill relating to, approved 235

Industries and immigration, bureau of, veto of appropriation for. 128
Inferior courts of criminal jurisdiction in the city of New York,

bill relating to, approved 233

veto of appropriation for commission to inquire into 147

Ingraham, George L., designation as presiding justice 281

designation as associate justice revoked 282

Insane, hospitals for, see State hospitals for insane

Insanity law, veto of bills amending 209, 211, 220

Insurance, recommendations in annual message 41

Insurance law, bill amending 247

veto of bills amending 214, 218

Insurance, Superintendent of, message submitting report by 82

International Prison Congress, appointment of delegates to 272

Investigation of Forest, Fish and Game Commission 301

Jackson, Henry J., claims, veto of bill 207

Jaquillard, Harry 255

Jay, Pierre, appointment 263

failure to qualify 263

Jeffreys, Lemuel A., reappointment 252

Jenks, Almet F.. redesignation as associate justice 282

Jenks, Jeremiah W., appointed delegate 268

Jennings, Pierre S., resignation 252

Johnson, Jerome B., reappointment 25s

Johnstown Historical Society, veto of appropriation for 138

Jones, William C, proceedings for removal of 325, 326, 328, 329

order of removal 332

Jordan, William, H. appointed delegate to Dry Farming

Congress 275

to National Irrigation Congress 275

Judicial appointments 267

Judicial procedure, recommendations in annual message 44

Judiciary law, veto of bills amending 217, 218

Kelley, Mrs. Florence, appointment 277

Kellogg, Frederick S., appointment 264

failure to qualify 264

Kelly, Mary, proceedings for removal of 325, 326, 327, 329

order of removal 332

Index 409

PAQE

Kemper Peter, Jr., reappointment 265

Reman, John D., appointment 261

Keuka Lake outlet, veto of appropriation for deepening

channel 123, 174

Kilmer, Jonas M., appointment 259

failure to qualify 259

Kings county, bill relating to redemption of certain lands in,

approved 240

courthouse, veto of bill 190

notaries public, proceedings for removal of.. 299, 325, 328, 329, 332
Kings Park State Hospital, appointment of managers 260

veto of appropriation for 168

Kingston, release of State lands to Ludwig Olsen, veto of bill. 191

Kinnicutt, Eleanor, resignation 261

Kirkbride, Franklin B., reappointment 266

Koerner, William J., commutation of sentence 342

Krauss, William C, deceased 260

Labor, recommendations in annual message 36

Labor law, bill amending, approved 235

veto of bill, amending, relating to Highway Department and

Barge canal 195

violation of certain provisions, veto of bill relating to 217

Lafayette monument fund 378

Lake Champlain, ferry across, veto of bill establishing 216

Lake George Battle Ground park, bill providing for improvement

of, approved 230

Land Purchase Board, veto of appropriation for 141

Lands, assessment of waste lands planted with trees, veto of bill. 194

State, veto of bills relating to 191

under water, veto of bill relating to grants of 120

Lang, Percy L. reappointment 264

Langdon, Jervis, reappointment 259

Langhaar, May, appointment 262

Larkin, Alice, resignation 262

Laughlin, Frank C., redesignatiora as associate justice 281

Law library in second judicial district, veto of bill establishing. . . 161

Lederle, Ernst J., resignation 258

Legislation, uniformity of, appointment of commissioner 257

Legislative bills, drafting and revision, .veto of appropriation

for 123, 175

Legislative practices and procedure, message recommending

investigation into 82

message to extraordinary session, relating to 94

Legislature, see Extraordinary session

410 Index

PAGE

Lester, Charles C, veto of appropriation for 134

Letchworth, Ogden P., appointment 251

Letchworth Village, appointment of managers 266

veto of appropriation for 124, 172

Levi, Nathaniel H., reappointment 264

Levy, Morris, appointment 255

Lewis, Floyd, commutation of sentence 341

Lewis county, appointment of county judge and surrogate 268

Liberty, village of, bill legalizing acts of trustees 247

Lien law, veto of bill amending 197

Lindsay, Samuel M., appointed delegate 270

Liquor Tax Law, bill amending, approved 242

veto of bill amending 215

Loan Commissioners, appointment 259

Lockport, bill raising money for fire purposes and public amuse-
ment 248

dispensary for treatment of tuberculosis, bill providing for... 248
Long Island School of Agriculture, veto of appropriation

for 124, 163

Long Island State Hospital, appointment of manager 261

veto of appropriation for buildings 124, 171

Low, Seth, appointed delegate 268

Luchowitz, Norman, commutation of sentence 343

Lunacy Commission, appointment of commissioner • 254

veto of appropriation for 142

Lupton, John M., appointed delegate 274

McCarthy, Dennis, appointed delegate 270

reappointed Fiscal Supervisor of State Charities 254

resignation as Commissioner of State Charities 254

resignation as member of commission to acquire site for train-
ing school 250

McCully, Robert B., appointment 252

Macdonald, Willis G., resignation as trustee 263

appointed delegate 269

McFvoy, Luke J., proceedings for removal of 307

order dismissing charges 309

Governor's opinion 309

McKeen, Helen J., reappointment 260

McKenna, Charles F., term expired 251

McLaughlin, Chester B., redesignation as associate justice 281

Macy, V. Everitt, appointed delegate 269

appointment as manager of Mohansic State Hospital 263

failure to qualify . . . '. 263

appointment on commission to investigate congestion of pop-
ulation 277

Index 411

PAGE.

Malone armory, veto of appropriation for 123, 156

Maltbie, Milo Roy, appointed delegate 270

reappointed as Public Service Commissioner .*.... 256

Manhattan State Hospital, appointment of managers 261

veto of appropriation for 168

Maple Grove Cemetery Association, veto of bill relating to gifts or

bequests 117

Marks, Marcus M., appointed delegate 269

Marsden, Christopher, appointment 255

Mason, Cassity E., reappointment 266

Massario, Guiseppe, commutation of sentence 341

Matteawan State Hospital for Insane Criminals, veto of appro-
priation for 180, 181

Maxon, William A., veto of appropriation for 146

Mayer, Julius M., appointed delegate 272, 273

Mayer, William G., reappointment 261

Medical Boards, American Confederation of, appointment of dele-
gates to meeting 269

Medical Education and Medical Legislation, appointment of dele-
gate to special conference on 269

Medical societies, fines payable to, veto of bill 190

Melville, Henry, appointed delegate 270, 272, 273

Melzinga, veto of bill providing for charter 189

Membership Corporations law, veto of bill repealing certain

sections 209

Memoranda filed with bills approved

Agricultural law, bill amending 225

Auburn, bill amending charter 239

Education law, bill amending 232

Erie canal, bill making an appropriation for bridge over, at

Rome 231

Executive law, bills amending 240, 241

Forest, Fish and Game law, bill amending 233

Highway law, bill amending 243

Inferior courts of criminal jurisdiction in the city of New

York 233

Labor law, bill amending 23s

Lake George Battle Ground park, bill providing for improve-
ment 230

Liquor Tax law, bill amending 242

Municipal law, bill amending 237

New York city charter, bills amending

restricting use of Ocean boulevard in borough of Brooklyn 239
vacations of employees 239

412 Index

Memoranda filed with bills approved — Continued pace

New York county

erection of new courthouse 223

records in office of register 238

Oriskany Creek feeder, appropriation for 230

prisons, State, board of parole ' 242

Railroad law, bill amending 226

consolidated 229

State feeder, bill making appropriation for bridge over, at

Oneida 231

telegraph and telephone corporations, placing under jurisdic-
tion of Public Service Commission 236

veterans of the Spanish War, tenure of office 223

Washington cemetery, redemption of certain lands by 240

Memoranda filed with bills not approved, see Vetoes

Mendels, E. S., appointed delegate . 276

Mendon, cemeteries, veto of bill relating to 211

Merrell, Edgar S. K., resignation 268

Message, annual

agriculture 26

aliens within the State, conditions of 36

appropriations, systematic 40

automobiles 43

budget-making and economy 39

canals 25

direct nominations 31

elections 28

finances 11

forest preserve 19

Harriman gift for State park 14

highways 25

insurance 41

judicial procedure 44

labor 36

municipal government 42

notaries public 37

officers, unnecessary 44

Penal law amendments 43

Public Service Commissions 28

speculation 35

State institutions 38

State parks, gifts for 14

stream pollution and public health 27

water powers 22

Index 413

PAGE

Messages, emergency, with bills relating to

Agricultural law, amending -. . . 247

appropriation bill 248

bonds of the State, issuing of 246

Business law 247, 248

Consolidated laws, publication 248

Election law, amending 248

Forest, Fish and Game law, amending 248

Highway law 246

Insurance law 247

Liberty, village, legalizing acts of trustees 247

Lockport, dispensary for treatment of tuberculosis 248

raising of money for fire purposes and public amusement. 248

New York, debts for rapid transit or dock investment 246

Public Service Commissions 246

rapid transit railways 247

supply bill 247, 248

Supreme Court, removal of certain cases to 247

Tax law, amending 246

Yonkers Hospital Commission 247

Messages, emergency, to extraordinary session 248

appropriation for expenses of extraordinary session 248

Election law, bill amending 248

Tax law, bill amending 248

Messages, special, relating to

Crown Point, gift of land at 78

Income Tax, submitting resolution of Congress on 71

Insurance Superintendent, submitting report by 82

legislative practices and procedure, recommending investigation

into 82

primary election abuses 91

Messages to the extraordinary session 94

Messages, veto, with bills relating to

Adjutant-General, delivery of battle flag of 12th regiment of

New York State Volunteers 113

appeal to Court of Appeals from Appellate Division of Su-
preme Court 119

Grace Methodist Episcopal Church, New York, changing name

of 117

Great Meadow Prison, appropriations for maintenance 115

lands under water, grants of 120

Maple Grove Cemetery Association, gifts or bequests 117

Shultz, John M., claim of 1 18

Middletown, Orange county, school of agriculture, veto of appro-
priation for 124, 163

414 Index

PACE

Middletowrt State Homeopathic Hospital, appointment of managers 262

veto of appropriation for 167

Military secretary, appointment 250

Milk production, demonstration work, veto of appropriation

for 124, 153

Mill creek, veto of appropriation for dredging 123, 174

Miller, Nathan L., designation as associate justice 281

designation revoked 282

Mills, Frederick H, appointed delegate 272, 273

Mitchell, John, appointment on commission to investigate conges-
tion of population 277

appointed delegate 269

Moadinger, Charles F. Jr., reappointment 252

Mohan sic State Hospital, appointment of managers 262

Mohawk, veto of bill amending charter 215

Mohawk river dyke, veto of appropriation for 123, 170

Monroe, George B., appointed delegate 276

Monroe county, Supreme Court, actions concerning violations

of Election law 284

Moore, Charles A., appointed delegate .- 269

Moot, Adelbert, appointment on commission to investigate conges-
tion of population 277

failure to qualify as member of Uniformity of Legislation

Commission 257

Mo't, Carrie A., appointment 264

Morgan, Elizabeth D., failure to qualify 260

Morrell, Lewis L., appointment 250, 251

Moses, Uriel B., reappointment 265

Moskowitz, Henry, appointed delegate 270

Moss, Gertrude A., reappointment 265

Motl, Frank, proceedings for removal of 325, 326, 328

dismissal of charges 330

Motor vehicles, recommendations in annual message 43

appropriation for enforcing law 126

bill relating to 246

Mott, John T., appointment 251

Mount Vernon, appropriation for Mount Vernon Hospital

veto of bill 212

armory, veto of appropriation for 123, 156

water supply, veto of bills 207, 208

Mulry, Thomas M., appointed delegate 270

reappointment as manager of Manhattan State Hospital 261

Municipal government, recommendations in annual message 42

Municipal law, bill amending, approved 237

Index 415

PAGE

Munson, Edmond O., appointed delegate 276

Murphy, Daniel B., reappointment 264

Nassau county, transfer tax clerk, veto of bill relating to 212

National Civic Federation, appointment of delegates to meeting of. 268

National Conservation Congress, appointment of delegates 274

National Good Roads Convention, appointment of delegates to. ... 276

National guard, veto of appropriation for 138, 142

National Irrigation Congress, appointment of delegates 275

Negro educators, National Congress of, appointment of delegates. 271
New prisons, see Prisons, new

New Rochelle, veto of bills amending chanter 210

New Utrecht, bill relating to redemption of certain lands in,

approved 240

New York (city)

bills affecting not accepted by the city ' 190, 205

Brooklyn, real estate in, veto of bill I9 1

claim of Donald Grant, veto of bill 191

claims of John R. Nugent and Henry J. Jackson, veto of bill. . 207

claims for taxes, settlement of, veto of bill 212

claims of employees of department of docks and ferries, veto

of bill 206

commissioner of accounts, letter relating to Queens county

officers 290

court, attendance at, veto of bill 207

court interpreters, veto of bill relating to 206

damages to real property in borough of Queens and Flushing,

veto of bill ■ 207

debts for rapid transit or dock investment, bill relating to 246

deed of 14th Regiment Armory, Brooklyn, transmitted to 379

elections, board of 205

fireman's pension for J. H. Ballentine, veto of bill 207

Grace Methodist Episcopal Church, veto of bill changing name

of ■ "7

inferior courts of criminal jurisdiction, bill relating to, ap-
proved 2 33

policeman, reappointment of W. C. Hoffman, veto of bill 206

railroad corporations, bill relating to franchises approved 226

rapid transit railways, bill relating to 247

Riverside drive, extension of, veto of bill 206

New York (city)— charter
bills amending approved

Ocean boulevard, in borough of Brooklyn, restricting use

of 2 39

vacations of employees 2 39

416 Index

New York (city) — charter — Continued

veto of bills amending page

blind persons, allowances for 208

board of education 207

bonds and obligations 207

contracts and local improvements 207

court districts in borough of Bronx 206

day nurseries, establishment of 206

docks and ferries, department of 207

official newspapers in the boroughs of Queens, Richmond

and the Bronx 208

police commissioner, powers concerning pensions 206

public recreation commission 208

public school teachers' retirement fund 208

streets and parks, opening of 205

West Ninety-sixth street, control of by department of

parks 206

New York (county)

court house, erection of new, bill approved 223

notaries public, proceedings for removal of 2gy, 298, 325,

327, 328, 330, 331, 332

records in office of register, bill relating to, approved 238

Surrogate's Court, salaries of attendants and messengers, veto

of bill 219

New York Agricultural Experiment Station, appointment of

trustees 250

veto of appropriation for 152

New York State Agricultural and Industrial School at In-
dustry 177, 265

New York State College of Agriculture, Cornell University, veto

of appropriations for 132

New York State Custodial Asylum for Feeble-Minded Women at

Newark, appointment of managers 265

veto of appropriation for 178

New York State Hospital for the Care of Crippled and Deformed

Children, at West Haverstraw, appointment of manager.... 263

veto of appropriation for 179

New York State Hospital for the Treatment of Incipient Pulmon-
ary Tuberculosis at Raybrook, appointment of trustees 263

veto of appropriation for 178

New York State Nurses Association, payment of fines to, veto

of bill 190

New York State Reformatory for Women at Bedford, appointment

of managers 267

veto of appropriation for 177

New York State School for the Blind at Batavia, veto of appro-
priation for 176

Index 417

PAGE

New York State Soldiers and Sailors' Home at Bath, appointment

of trustee 266

veto of appropriation for • 176

New York State Training School for Boys, appointment of com-
mission to acquire a site for 250

veto of appropriation for 162

New York State Training School for Girls at Hudson, appointment

of managers 264

veto of appropriation for 177

New York State Woman's Relief Corps Home at Oxford, appoint-
ment of manager 207

veto of appropriation for 178

Newburgh armory, veto of appropriation for 123, 156

Newcomb, Josiah T., appointed delgate 274

Newell, Edgar A., reappointment 256

Newfane, forclosure of certain mortgages on land in, veto of bill

relating to 215

Newton, Adolphus, commutation of sentence 342

Niagara county, Agricultural Experiment Station, veto of appro-
priation for T24, 164

salary of county judge, veto of bill 214

Niagara Falls, veto of bill legalizing tax election 196

Niagara Falls and Rochester Railway Company, veto of appropria-
tion for refunding taxes 146

Niagara reservation, veto of appropriation for 138

Niagara Transfer Railway Company, veto of appropriation for

refunding taxes 146

Nichols, George S., appointed associate delegate 274

Nichols, Oliver, reappointment 255

Nichols, William H., reappointment 266

Niles, William White, appointment 251

Niverville, State Farm for Women, report of commission on 387

Noble, Henry Harmon, appointment 252

Normal schools, increased appropriations 125

veto of appropriations for 155

Norris, Elliott B., appointed delegate 276

North Carolina bonds, proposed donation to State of New York.. 387

North Elba, veto of bill legalizing certain proceedings 218

North Tonawanda, veto of bill amending charter 213

Notaries public, proceedings for removal of 297, 325

recommendations in annual message 37

veto of bill relating to 212

Noyes, Henry T., appointment 277

Nugent, Albert E., resignation 267

Nugent, John R., claims, veto of bill 207

14

418 Index

PAGE

Nurses association, payment of fines to, veto of bill 190

Nye, George F., appointed delegate 271

O'Brien, Richard 255

Officers, unnecessary, recommendations in annual message 44

Ogdensburg, veto of bill amending charter 208

O'Gorman, Richard, reappointment 260

O'Hare, Thomas A., reappointment 261

Olean armory, veto of appropriation for 123, 157

Olsen, Ludwig, release of lands to, veto of bill 191

Omnibus veto 209

Oneida river, veto of appropriation for construction of a steel

bridge over 145

Oneida, State feeder, bill making appropriation for bridge at, ap-
proved 231

Onondaga Indians residing on the Onondaga Reservation, appoint-
ment of agent 255

Ontario county, coroner, appointment 253

Ordway, Samuel H., appointed to examine witnesses concerning

charges against Lawrence Gresser 334, 336

Oriskany creek feeder, bill making appropriation for, approved.. 230

Osborne, Thomas Mott, resignation 256

Ossining, veto of bill amending charter 210

Oswegatchie, veto of bill relating to erection of town house .... 219

Oswego charter, veto of bills amending 198, 218

Otis, C. Arthur, reappointment 259

Palisades park, correspondence relating to gifts for 47

Palisades Park Commission, appointment of commissioners 257

jurisdiction should be extended 17, 65

results of work of 15

Pardington, A. R., appointed delegate 271

Parker, Alton B., appointed delegate 268

Parker, Lewis R., appointment 260

Parkhurst, William L., term of office expired 254

Parks, State, appropriation to be made by State 18

correspondence relating to gifts for 47

gifts for 14

See also Adirondack park; Catskill park; Highlands park;
Palisades park

Parole, board of, bill relating to, approved 242

Peabody, Charles A., letter from, concerning gift of Mrs. Harri-

man . . . .' 50

letter from Governor Hughes to 52

Peabody, George Foster, appointment 258

Index 419

PAGE

Pearlstine, A. Shep, warrant for arrest and rendition revoked and

vacated «. . 362

Pearson, Raymond A., appointed delegate to Dry Farming Con-
gress 275

to Farmers' National Congress 276

to National Conservation Congress 274

to National Irrigation Congress 27s

Pedic Society of the State of New York, payment of fines to, veto

of bill relating to 190

Peekskill, veto of bill amending charter 211

Pegnam, James F 255

Pelikan, Bertha, proceedings for removal of 325, 326, 327, 329

order of removal 332

Pelikan, Emanuel J., proceedings for removal of 325, 326, 327, 329

order of removal 332

Penal law, amendments 43

veto of bills amending 213, 215, 217

Penfield, James K., appointment 253

Pennsylvania, Governor of, application for rendition of Frank N.

Hoffstot, Governor Hughes' opinion on 347

Perkins, George W., appointed delegate 268

correspondence with Governor Hughes ' regarding Palisades

Park S3, 56, 61, 64, 65, 66, 69, 70

Perkins, James Breck, death 5

Perren, Abraham E., appointment 257

Perry's Victory Centennial Commission, appointment of members. 251

Personal Property law, veto of bill amending ; 193

Persons, Henry H., appointed delegate 274

Peterson, Frederick, reappointment 264

Philippines, insurrection in, tenure of office of veterans, bill ap-
proved 223

Phillips, Cyrus W., appointed delegate 269

Phillips, Jesse S., appointed delegate 268

Phillips, William J., reappointment 252

Phipps, Henry, appointed delegate 269

Pincus, Abraham H., proceedings for removal of 297

order of removal 297

Pitkin, William, appointment • 256

Political and Social Science, American Academy of, appointment

of delegates to meeting 270

Pollock, Melville A., appointed delegate 276

Population, congestion of, appointment of commission to investi-
gate • • -277, 372

letter of Governor to appointees 373

Port of New York, health officer, appropriation 126

veto of appropriation for harbor terminals 152

4 2 ° Index

PAGE

Port Wardens of the Port of New York, appointment 255

decrease in number recommended 44

Porter, Augustus, appointed delegate 271

Porter, Eugene H., report in regard to public nuisance in Bayonne. 318

Potsdam Normal School, veto of appropriation for 123, 155

Poughkeepsie and Hyde Park, trustees of school district number

three, veto of appropriation for 148

Powell creek, veto of appropriation for dredging 123, 173

Primary elections, recommendations in annual message 31

bills relating to 248

enforcement of law 368

message relating to 91

to extraordinary session 94

veto of bill relating to 149

Prison Commission, appointment of commissioners 256

veto of appropriation for 138, 143

Prison law, veto of bills amending 220

Prison Ship Martyrs Monument Fund 377

Prisons, board of parole, bill relating to, approved 242

increase in appropriations 126

veto of appropriations for 124, 180

Prisons, new, appointment of commissioners on 251

approval of site for 365, 368

location of 17, 18, 59, 181

report of commission 382

second report of commission 385

Probate judges of Michigan, Association of, appointment of dele-
gate to meeting 276

Probation Commissioners, appointment 251

Proclamations

convening Legislature in extraordinary session 6

special election in 32d Congressional district, ordering 5

special election in 37th Senate district, ordering 6

Procuring 43

Progressive inheritance tax, bill relating to 104

Property, see Real property

Providence Hospital, veto of bill incorporating 149

Pryor, John H., resignation 263

Public Buildings, Superintendent of, veto of appropriation for... 143

Public Health law, veto of bills amending 190, 216, 220

Public Lands Law, veto of bill amending 120

Public Service Commissions, recommendations in annual message. 28

appointment of commissioners 256

emergency message on bill relating to 246

jurisdiction over telegraph and telephone companies, bill relat-
ing to, approved 236

Index

421

Public Service Commissions — Continued page
jurisdiction over telegraph and telephone cos. — Continued
veto of appropriation for payment of expenses of com-
mittee !47

publication of law, bill providing for 248

veto of appropriation for 14$

veto of bill amending law 211

Public Works, Department, veto of appropriation for 138, 144, 145

Purdy, Lawson, appointed delegate 274

Queens, borough of, president, proceedings for removal of 333

Queens county

notaries public, proceedings for removal of 325,328

dismissal of charges 330

Supreme Court, action against John Welz and George L.

Glaser 282

proceedings relating to acts of officials and employees.... 288

Quick, Simon P., reappointment 256

Quinn, John J., proceedings for removal of 298

Race meetings, tax on gross receipts, veto of bill 209

Railroad law, recommendations in annual message 28

bill amending approved 226

bill providing for publication of consolidated law 248

consolidated law approved 229

Rapid transit railways, bill relating to 247

Raymond, Andrew V. V., appointment 260

Real property, actions to recover, veto of bill relating to 194

Real Property law, veto of bill amending 214

Reformatories, appointment of managers 267

salary and wages schedule, memorandum relating to 371

Reid, Charles E., appointed delegate 273

Reilly, John L., appointment 264

Removal proceedings 293

Reprieves 344

Bowser, Charles 344

Fornaro, Antonio 345

Gambacorta, Luigi 344

Resignation of Governor no

Reynolds, Burton L., appointment 259

Rice, Edward R., resignation 263

Richmond county, alleged nuisance affecting residents of 314

Ripley, Joseph, reappointment 258

Rite of Adoption of the World, Order of the Amaranth, veto of

bill incorporating 215

422 Index

PAGE

River improvements, ownership of, veto of bill relating to 199

Rivers, Reginald W., reappointment 260

Road Builders, International Congress of, appointment of delegate. 271
Roads, see Highways

Roche, William T., reappointment 253

Rochester, veto of bills amending charter 213, 218

Rochester State Hospital, appointment of managers 261

veto of appropriation for 168

Rockwood, Nash, veto of appropriation for 134

Rome State Custodial Asylum, appointment of manager 26s

veto of appropriation for 178

Rooney, John, deceased 260

Roosa, John P., death of 268

Root, Elihu, appointed delegate 268

Rosendale, Simon W., appointed delegate 270

Round lake, veto of appropriation for removing obstructions 144

Rye, refund to town of, veto of appropriation for 123, 165

Sackett, Henry W., reappointment 259

Sage, Margaret O., appointed delegate 272, 273

St Lawrence State Hospital, appointment of managers 261

veto of appropriation for 139, 168

St Lawrence University, agricultural school, veto of appropria-
tion for _ 124

Salley, Michael, appointment 257

Sanford, Edward, appointed commissioner to examine witnesses

concerning charges against certain notaries public 327, 328

Sanger, William Cary, appointed delegate .272, 273

appointment as State Commissioner in Lunacy 254

Sanitary science, school of, Cornell LTniversity, veto of appropria-
tion for 164

Saratoga county, veto of bill providing for purchase of real estate

in 137

Saratoga Springs, State reservation at, appointment of commis-
sioners 258

approval of vouchers presented by commissioners 377

increase in issue of bonds for, veto of bill 203

Satterfield, John M., appointed delegate 271

Schenectady, teachers' retirement fund, veto of bill 219

Schenectady county, Supreme Court, extraordinary trial term,

proceedings relating to criminal charges 283

Schiff, Mortimer L., appointed delegate 272, 273

Schoharie valley, veto of appropriation for marking sites of forts. 139

School buildings, bill providing for construction approved 237

School commissioner, bill abolishing office approved 232

Index 423

PAGE

Schools, apportionment to, veto of bill relating to 216

increased appropriations 125

Schools, district superintendent, see District superintendent of
schools

Schurman, J. G., appointed delegate 272, 273

Scott, Joseph F., appointed delegate '. . .270, 272, 273

Seager, Henry R., appointed delegate 268

Secretary of State, increase in appropriation for 126

salary, bill relating to, approved 240

Secretary to the Governor, appointment 250

letter from 389

Seligman, Edwin R. C, appointed delegate 268, 274

Seligman, Isaac N., appointed delegate 268

Senate, proclamation ordering special election in 37th district .... 6
Sentences for murder commuted to life imprisonment, veto of bill

relating to 215

Settle, DeForest, appointment 257

Shaf er, C. E., appointed delegate 271

Shaffer, Newton M., reappointment 263

Sharp, Ira, appointment as State Fair Commissioner 257

appointed delegate 276

Shattuck, Albert R., appointed delegate , 271, 277

Shaw, Henry L. K., resignation 264

Shell Fish Commissioners, National Association, appointment of

delegates to convention 270

Shepard, Edwin F., resignation 258

Shillady, John R., appointment 263

Shipman, Andrew J., appointment 262

Shultz, John M., veto of bill relating to claim of 118

Sickles, Daniel E., appointed delegate 274

Simkhovitch, Mary, appointment on commission to investigate con-
gestion of population 277

appointed delegate 270

Sing Sing prison, veto of appropriation for 180

Skene, Frederick, veto of appropriation for reimbursing. .123, 145, 182

Skiff, George S., appointment 251

Smith, Eugene, appointed delegate 272, 273

Smith, R. H., appointed delegate 276

Solomon, Henry, appointed delegate 270, 271, 272

reappointment as Commissioner of Prisons 256

Solotovsky, Joseph, proceedings for removal of 325, 3 2 6, 328, 329

order of removal 33 2

Sondheim, Leopold, reappointment 266

South Bay, veto of appropriation for rebuilding bridge across 160

Spanish war veterans, tenure of office, bill approved 223

424 Index

PAGE

Spanish war warrant, transmission to State Treasurer 377

Speculation in securities 35

Speyer, James, appointed delegate 268

Spieler, Francis Joseph, proceedings for removal of 325, 326

Starch Factory creek improvement, veto of appropriation for.. 124, 170

Starr, M. Allen,. resignation 26;

State Agricultural and Industrial School at Industry, appointment

of managers 265

veto of appropriation for 177

State and Local Taxation, International Conference on, appoint-
ment of delegates 274

State Architect, veto of appropriation for 133

State Boards and Commissions law, veto of bills amending. .199, 204
State boards, commissions and departments, see specific names of
State Charities, Fiscal Supervisor, see Fiscal Supervisor of State

Charities
State Commission in Lunacy, see Lunacy Commission

State employees, vacations, veto of bill relating to 210

State Engineer and Surveyor, see Engineer and Surveyor

State Fair, veto of appropriation for exhibits 13S

State Fair Commission, appointment of commissioners 256

bill relating to, approved 225

veto of appropriation for 132, 133

State Farm for Women, approval of site for 365

report of commission on 387

State feeder, bill making appropriation for bridge over at Oneida

approved '. 231

State Historian, veto of appropriation for 141

State hospitals for the insane

appointment of managers 259

increase in appropriations for 125

reimbursement of State for support of inmates, veto of bill.. 209

retirement of officers and employees, veto of bills 211

veto of appropriation for 124, 139, 142, 166

wages of certain employees, veto of bill relating to 220

State institutions, recommendations in annual message 38

veto of appropriations for >. 176

See also Charitable institutions

State lands, veto of bill relating to 191

State officers, salaries, bill relating to, approved 240

State parks, see Parks
State prisons, see Prisons

State Treasurer, salary, bill relating to, approved 240

Stauffer, D. McNeely, reappointment 257

Stebbins, Henry H:, reappointment 265

Index

425

PAGE

Stella, Dr Antonio, appointment 277

Steuben county, veto of appropriation for county treasurer 147

Stevens, Edwin A., reappointment < . . 257

Stevens, Federick C, appointed delegate 273, 274

reappointment as trustee of Cornell University 259

Stevens, Stoddard M., reappointment 265

Stewart, John A., reappointment 254

Stewart, William R., appointed delegate 270

Stock in corporations, transfers of shares, veto of bill relating to. . 193

Stock speculation in securities 35

Stratford, application for cancellation of tax sale in, veto of bill.. 191
Stream pollution and public health, recommendations in annual

message 27

Suffolk county, transfer tax appraiser, veto of bill 219

Sufrin, Solomon, proceedings for removal of 325, 326, 328, 329

order of removal 332

Sullivan county, county judge and surrogate, appointment 268

fire commissioners, veto of bill relating to 212

Sulzberger, Cyrus L., appointment „ . 277

Supply bill, emergency messages 247, 248

veto of items in 122, 129

Supreme Court

Dutchess county, proceedings relating to officers of insurance
companies , 285

justices, increase in salaries 125

Monroe county, actions concerning violation of election law. . 284

Queens county, proceedings against John Welz and George L.

Glaser 282

proceedings relating to acts of officials and employees .... 288

removal of certain cases to, bill relating to 247

Supreme Court, Appellate Division, appeal from, to Court of Ap-
peals, veto of bill relating to 119

salary of confidential clerks, veto of bill 217

designations of justices 281

designations revoked 282

Supreme Court, Extraordinary Trial Terms ' 293

Albany county, proceedings relating to acts of State Engineer
and Surveyor 287

Schenectady county, proceedings relating to criminal charges . . 283
Supreme Court Library at Long Island City, veto of appropria-
tion for 129

Supreme Court Library at Troy, appointment of trustees 253

Supreme Court Library at White Plains, appointment of trustee . . 253

Suspension Bridge, veto of appropriation for draining swamp 139

Swanstrom, J. Edward, reappointment 261

426 Index

PAGE

Syracuse, department of assessment and taxation, veto of bill.... 212

veto of bill amending charter 212

Syracuse State Institution for Feeble-Minded Children, appoint-
ment of manager 265

veto of appropriation for 179

Syracuse University, college of forestry, veto of appropriation
for 123, 164

Taber, Marion R., reappointment 266

Tallmadge, Josiah C, appointed delegate 276

Tax Commissioner, appointment 257

Tax law, bills amending 246, 248

veto of bills amending 183, 184, 194, 210, 211, 212, 214, 216, 219

Taxable transfers, bills relating to 104, 248

veto of bill relating to 184

Taxation, message recommending provision for additional rev-
enue 103

Taylor, Clayton C, appointed delegate 276

Taylor, Edward R., appointed delegate 275, 276

Teachers retirement fund, Schenectady, veto of bill 219

Telegraph and telephone companies, recommendations in annual

message 28

placing under jurisdiction of Public Service Commission, bill

approved . . 236

Thomas, Ralph W., resignation 254

Thomas Indian School, veto of appropriation for 177

Thompson, DeWitt B., commutation of sentence 342

Thompson, George, appointed delegate 271

Thornton, Howard 257

Thornton, William L., appointment 268

Tierney, Michael A., reappointment 253

Timber lands, exemption from taxation, veto of bill relating to... 194
Toll bridges, condemnation and acquirement, veto of appropria-
tion for 147

Tonawanda, payment of money to, veto of bill 192

Tonawanda creek improvement, veto of appropriation for.... 123, 174

Tracy, Benjamin F., appointment 258

Trade marks, veto of bill relating to 215

Training School for Boys, veto of appropriation for 124

Trask, Spencer, deceased 258

Traylor, B. W., appointed delegate 276

Treadwell, George Curtis, appointment as Secretary to the Gov-
ernor 250

letter from 389

resignation as military secretary 250

Index 427

Treasurer, see State Treasurer page

Troy, veto of bill amending charter 211

Tucker, Frank, appointment 262

Tucker, Willis G., appointed delegate .*. . . 277

Turnbull, Raymond A., appointment 253

Ulster county, county clerk, veto of bill relating to assistant 219

supervisor, veto of bill relating to salary 219

Undertakers, licensing, veto of bill 220

Uniformity of Legislation Commissioner, appointment 257

U. S. constitutional amendment on income tax 71

University of the City of New York, veto of appropriation for. . 132

Utica State Hospital, appointment of managers 261

veto of appropriation for 166

Van Cott, Joshua M., appointment 254

Vanderlip, Frank A., appointed delegate 269

reappointment as manager of Letchworth Village 266

failure to qualify 266

Van Kirk, Charles C, designation to hold extraordinary trial
term 293

Verbeck, William, appointment 250

Veterans of the Spanish War and of insurrection in the Philip-
pines, tenure of office, bill approved 223

Veterinary medicine and surgery, practice, veto of bill relating .to. . 216

Vetoes of bills relating to

Adjutant-General, delivery of battle flag of Twelfth Regiment

of New York State Volunteers 113

agriculture, schools of, appropriations for 124, 163, 17s

Albany, lands for a public park 185

American Museum of Safety 149

Amsterdam, acts relating to 186

appeal to Court of Appeals from Appellate Division of Su-
preme Court H9

appropriation bill i 2 7

armories, appropriations for 156

Arnot Art Gallery 149

Black River canal, appropriation for 173

city bills not accepted by the cities in question 205

Civil Service law, bill amending 187

Code of Civil Procedure, bills amending 182, 194

Dannemora State Hospital for Insane Convicts, appropriation

f or 180, 181

Delaware river dykes J 74

Election law, bills amending 149. 205

Erie county, towns in, payment of money to 192

4 2 8 Index

Vetoes of bills relating to — 'Continued pagh

Fire Island State Park, improvements 171

Fiscal Supervisor of State Charities, appropriations for insti-
tutions reporting to 176

Fish Hatchery at Bemus Point 154

Grace Methodist Episcopal Church, New York, changing name

of 117

Great Meadow prison, appropriation for maintenance 115

harbor terminals in the port of New York 162

Herkimer, Gen., house, purchase of 154

Keuka lake outlet 174

Labor law, bill amending 195

land claims 191

lands under water, grants of , . . . . 120

Law Library in second judicial district 161

Legislative bills, appropriation for drafting and revision 175

Letchworth village 172

Lien law, bill amending 197

local improvements, appropriation for 173

Long Island State Hospital, buildings 171

Maple Grove Cemetery Association, gifts or bemiests to 117

Matteawan State Hospital for Insane Criminals, appropria-
tion for 180, 181

Melzinga, charter 189

milk production, appropriation for demonstration work 153

Milk creek, dredging 174

Mohawk river, dykes 170

New York Agricultural Experiment Station 152

New York city, bills affecting 190, 205

New York State Training School for Boys 162

Niagara Falls, tax election 196

normal schools, appropriation 155

Omnibus veto 209

Oswego charter, bill amending 198

Personal Property law, bill amending 193

Powell creek, dredging 173

Providence Hospital 149

pure food and dairy products 153

Rye, refund to town of, veto of appropriation for 165

Saratoga Springs, reservation 203

Shultz, John M., claim of 118

Skene, Frederick, reimbursing 182

South Bay, rebuilding of bridge across 160

Starch Factory creek 170

State boards and commissions law, bills amending 199, 204

State Charities law, bill amending 159

Index 429

Vetoes of bills relating to — Continued page

State hospitals for insane, appropriation for 166

State institutions, appropriation for 176

State prisons, appropriation for . . '. 1 . . 180

supply bill i22, 129

Tax law, bills amending 183, 184, 194

Tonawanda, payment of money to 192

Tonawanda creek 174

West Canada creek, appropriation for dredging and improving. 157

White Plains, bill incorporating 196

Wood creek, removal of gravel and sand from bed of 153

Village law, veto of bills amending 210, 217, 218

Wade, Frank E., resignation as Probation Commissioner 251

appointment as Commissioner of Prisons 256

appointed delegate to congress of American Prison Associa-
tion 272

to International Prison Congress 272

Wadhams, Albion V., appointed delegate 272, 273

Wadsworth, J. W. Jr., letter to Governor relating to Forest, Fish

and Game investigation 304

Wainwright, J. Howard, appointment 263

Wainwright, J. Mayhew, appointed delegate 268

Wald, Lillian D., appointed delegate 270

Ware, W. W., appointed delegate to Dry Farming Congress 275

to National Irrigation Congress 275

Warren county, sales for non-payment of taxes, veto of bill relat-
ing to 183

Washington Cemetery, bill providing for redemption of certain

lands by, approved 240

Washington county, county clerk, veto of bill relating to 220

Washington's Headquarters, trustees, appointment 257

Water powers, recommendations in annual message 22

veto of bill relating to 200, 204

Water Supply Commission, appointment of commissioner 258

veto of appropriation for 145

Waterman, Stephen G, resignation 264

Webster, N. E., appointed delegate to Dry Farming Congress 275

to National Irrigation Congress 275

Weights and Measures, Department of, veto of appropriation

for US. 142

bill relating to, approved 2 4i

Weingarten, Samuel, proceedings for removal of 325. 3 2 6, 328

Weller, Alenson Y., reappointment 257

Welz, John, proceedings against 282

Werner, Lillie B., reappointment 261

43° Index

PAGE

West, John C, appointment 251

West, Julia Kemp, appointment 261

West Canada creek, veto of appropriation for dredging and im-
proving 123, 157

Westchester county, Middle Patent Rural Cemetery Association,

veto of bill relating to 216

water supply conditions, veto of bill 207

Western House of Refuge for Women at Albion, appointment of

managers 264

veto of appropriation for 176

Western Inland Lock Navigation Company at Little Falls, removal

of upper lock, veto of bill 217

Westlake, John A., deceased 253

Whipple, James S., appointed delegate 274

resignation as Forest, Fish and Game Commissioner 251, 302

White, Charles R., appointed delegate 275, 276

White, John F., appointment 265

White, W. Pierrepont, appointed delegate 271, 277

White Plains, veto of bill incorporating 196

Whitman, Charles S., appointed delegate 272, 273

Wieting, Charles A., appointment 257

Wilcox, Ansley, appointed delegate 270

Wilkin, Robert J., appointed delegate 272, 273

Willard State Hospital, appointment of manager 262

veto of appropriation for 166

Willcox, Walter F., appointed delegate 268

Willcox, William R., appointed delegate 268

Williams, Frank M., appointed delegate 273, 274

Williams, Frank S., reappointment 260

Williams, Mornay, appointed delegate 272, 273

Williamsburg Volunteer Firemen's Association, benevolent fund,

veto of bill 206

Wills, probate of, veto of bill relating to 217

Wilson, Charles S., appointed delegate 275, 276

Wilson, Thomas B., appointed delegate 276

reappointment as trustee of Cornell University 258

Wise, Dr Stephen S., appointment 277

Witnesses, examining for aiding service of process in certain ac-
tions, veto of bill 217

Women, State Farm for, see State Farm for Women

Wood, B. Frank, appointed delegate 270

Wood, James, reappointment 267

Wood creek improvement, veto of appropriation for 124, 153

Woodbury, Egburt E., appointed delegate 274

Worker, Hamlet, appointed delegate to Dry Farming Congress .... 275
to National Irrigation Congress 275

Index 431

PAGE

Workmen's injuries, compensation for, recommendations in annual

message 36

bill relating to, approved 235

World Bible League, veto of bill incorporating 215

Wyeth, Charles, appointed delegate 270

Yonkers, hospital commission, emergency message 247

veto of bill 2ug

York, John O., appointment 2?o

Zuckerman, Samuel L., proceedings for removal of 325, 326

Zunser, Jacob, proceedings for removal of 32S. 326

order of removal 33 1

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